ARIZONA DEPARTMENT OF TRANSPORTATION
ADVERTISEMENT FOR BIDS SPECIAL PROVISIONS BIDDERS DOCUMENTS SUBMITTED BY:
______(Company or Firm Name)
______(Mailing Address)
______(City) (State) (Zip Code)
______(Street Address - If Different From Above)
______(City) (State) (Zip Code)
Arizona Commercial License No. ______
License Classifications(s) ______
TRACS/Proj. No.:
260 AP 394 H826901C STBG-260-C(204)T SHOW LOW-MCNARY-EAGAR HIGHWAY (SR 260) (LITTLE COLORADO RIVER BRIDGE, STR #416)
Contracts and Specifications Section 1651 West Jackson, Room 121F Phoenix, Arizona 85007-3217 ARIZONA DEPARTMENT OF TRANSPORTATION
ADVERTISEMENT FOR BIDS
BID OPENING: FRIDAY, MAY 15, 2020, AT 11 :00 A.M. (M.S.T.)
TRACS NO 260 AP 394 H826901C PROJECT NO STBG-260-C(204 )T TERMINI SHOW LOW-McNARY-EAGAR HIGHWAY (SR 260) LOCATION LITTLE COLORADO RIVER BRIDGE, STA. # 416
ROUTE NO. MILEPOST DISTRICT ITEM NO. SR 260 394.68 to 394.78 Northeast 14517
The amount programmed for this contract is $700,000. The location and description of the proposed work are as follows:
The proposed work is located in Apache County on SR 260 at Milepost 394.75, one mile west of the Town of Eagar. The work consists of constructing a new scour concrete floor underneath the existing bridge and repairing pier stem walls. The work also includes box culvert extension, shotcrete, pavement marking, signing, and other related work.
The work included in this contract shall be completed by February 1, 2021.
The Arizona Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252.42 U.S.C. §§ 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
The minimum contract-specified goal for participation by Disadvantaged Business Enterprises in the work, as a percentage of the total amount bid, shall be 3.05.
Contract documents and other project documents are available as electronic files, at no charge, from the Contracts and Specifications website, pursuant to Subsection 102.02 of the specifications. The Contracts and Specifications Current Advertisements website is located at: http://www.azdot.gov/business/ContractsandSpecifications/Cu rrentAdvertisements.
Documents should be available within one week following the advertisement for bids.
To submit a valid bid, the bidder must (1) have prequalification from the Department as necessary for the project, and (2) be included on the project Plansholder List as a Prime. The Application for Contractor Prequalification may be obtained from the Contracts and Specifications website. Page I of2
Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T
SPECIAL PROVISIONS
FOR
ARIZONA PROJECT
260 AP 394 H826901C
260-C(204)T
SHOW LOW – McNARY – EAGAR HIGHWAY (SR 260)
LITTLE COLORADO RIVER BRIDGE, STR. # 416
BRIDGE PRESERVATION & SCOUR RETROFIT
PROPOSED WORK:
The proposed work is located in Apache County on SR 260 at Milepost 394.75. This bridge is located just 1 mile west of the Town of Eagar. The work consists of constructing a new scour concrete floor underneath the existing bridge and repairing pier stem walls at the existing SR 260 bridge over the Little Colorado River (Str. # 416). The work also includes the Water Canyon Creek box culvert extension, shotcrete, pavement marking, signing, and other related work.
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PROFESSIONAL SEALS:
This book of specifications and related contract documents represents the efforts of the following organization:
(1) WSP USA, Inc. (2) Arizona Department of Transportation
A representative of each firm or group has affixed his/her professional seal below, which attests that those portions of these specifications which relate to the subject areas listed below:
WSP USA,USA, Inc. Inc. (Roadway,way, Drainage, Drainage, Traffic) Traffic)
2-18-20 02-19-20
Arizona Departmenta Department of Transportation of Transportation Roadside ideDevelopment Development Section Section
Arizona Departmenta Department of Transportation of Transportation (Bridge Structure)e Structure)
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(SPC00FA, 07/10/19)
SPECIFICATIONS:
The work embraced herein shall be performed in accordance with the requirements of the following separate documents:
Arizona Department of Transportation, Standard Specifications for Road and Bridge Construction, Edition of 2008,
Arizona Department of Transportation, Roadway Engineering Group, Construction Standard Drawings, listed in the project plans, and available on the Department’s website,
Arizona Department of Transportation, Traffic Group, Manual of Approved Signs, available on the Department’s website,
Arizona Department of Transportation, Traffic Group, Traffic Control Design Guidelines, Edition of 2010 revised in 2011, available on the Department’s website,
Manual on Uniform Traffic Control Devices for Streets and Highways, 2009 edition and Arizona Supplement to the 2009 edition, dated January, 2012,
The Proposal Pamphlet which includes the following documents:
These Special Provisions,
Appendix A Section 404 Individual Permit and Individual Section 401 Certification
Appendix B New Mexico Meadow Jumping Mouse Flyer
Required Contract Provisions Federal-Aid Construction Contracts (Form FHWA 1273 Revised May 1, 2012),
Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246), July 1, 1978, Revised November 3, 1980 and Revised April 15, 1981,
Title VI / Non-Discrimination Assurances, Appendix A Appendix E,
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Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246), July 1, 1978, Revised November 3, 1980 and Revised April 15, 1981,
Equal Employment Opportunity Compliance Reports, Federal-Aid Projects, February 1, 1977, Revised July 1, 1978, Revised November 3, 1980, Revised April 15, 1981, Revised September 7, 1983, Revised October 15, 1998, Revised January 1, 2005, Revised August 1, 2005, and Revised March 1, 2015,
Wage Determination Decision,
Bidding Schedule,
Proposal,
Surety (Bid) Bond, 12-1303,
Certification With Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports, Federal Aid Projects, April, 1969, Rev. July, 2003,
Certification With Respect to the Receipt of Addenda,
Participation in Boycott of Israel Certification Form,
Disadvantaged Business Enterprise (DBE) Assurance,
BID SUBMISSION:
In submitting a bid, the bidder shall completely execute the following documents:
Proposal,
Bidding Schedule,
Surety (Bid) Bond, 12-1303,
Certification With Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports, Federal Aid Projects, April, 1969, Rev. July, 2003,
Certification With Respect to the Receipt of Addenda, and
Participation in Boycott of Israel Certification Form, Disadvantaged Business Enterprise (DBE) Assurance,
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PROPOSAL GUARANTY:
Each bidder is advised to satisfy itself as to the character and the amount of the proposal guaranty required in the Advertisement for Bids.
CONTRACT DOCUMENTS:
The bidder to whom an award is made will be required to execute a Performance Bond and a Payment Bond, each in 100 percent of the amount of the bid, an Insurance Certificate and the Contract Agreement.
A copy of these documents is not included in the Proposal Pamphlet; however, each bidder shall satisfy itself as to the requirements of each document.
The documents, approved by the Department of Transportation, Highways Division, are identified as follows:
Statutory Performance Bond, 12-1301, September, 1992
Statutory Payment Bond, 12-1302, September, 1992
Contract Agreement, 12-0912, August, 2000
Certificate of Insurance, 12-0100, June, 1998
A copy of each document may be obtained by making a request to Contracts & Specifications.
MATERIAL AND SITE INFORMATION:
Projects requiring materials, excavation, or site investigation may have additional information available concerning the material investigations of the project site and adjacent projects. This information, when available and applicable, may be examined in the Office of the Bridge Group-Geotechnical Services, located at 205 S. 17th Avenue, Phoenix, AZ 85007-3212. The contractor may contact Bridge Group at (602) 712-7481 to schedule an appointment to examine the information. This information will not be attached to the contract documents.
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(EPRISE, 03/13/17)
DISADVANTAGED BUSINESS ENTERPRISES:
1.0 Policy:
The Arizona Department of Transportation (hereinafter the Department) has established a Disadvantaged Business Enterprise (DBE) program in accordance with the regulations of the U.S. Department of Transportation (USDOT), 49 CFR Part 26. The Department has received Federal financial assistance from the U.S. Department of Transportation and as a condition of receiving this assistance, the Department has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the Department to ensure that DBEs, as defined in Part 26, have an equal opportunity to receive and participate in USDOT-assisted contracts. It is also the policy of the Department:
1. To ensure nondiscrimination in the award and administration of USDOT-assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for USDOT-assisted contracts; 3. To ensure that the DBE program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are counted as DBEs; 5. To help remove barriers to the participation of DBEs in USDOT-assisted contracts; 6. To assist in the development of firms that can compete successfully in the market place outside the DBE program and; 7. To promote the use of DBEs in all types of federally-assisted contracts and procurement activities.
It is also the policy of the Department to facilitate and encourage participation of Small Business Concerns (SBCs), as defined herein in USDOT-assisted contracts. The Department encourages contractors to take reasonable steps to eliminate obstacles to SBCs’ participation and to utilize SBCs in performing contracts.
2.0 Assurances of Non-Discrimination:
The contractor, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the state deems appropriate, which may include, but not limited to: (1) Withholding monthly progress payments;
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(2) Assessing sanctions; (3) Liquidated damages; and/or (4) Disqualifying the contractor from future bidding as non-responsible.
The contractor, subrecipient, or subcontractor shall ensure that all subcontract agreements contain this non-discrimination assurance.
3.0 Definitions:
(A) Commercially Useful Function (CUF): Commercially Useful Function is defined fully in 49 CFR 26.55 which definition is incorporated herein by reference.
(B) Committed DBE: A DBE that was identified by the contractor, typically on a DBE Affidavit, to meet an assigned DBE goal as a condition of contract award and performance, and includes any substitute DBE that has subsequently been committed work to meet the assigned contract goal.
(C) Disadvantaged Business Enterprise (DBE): a for-profit small business concern which meets both of the following requirements:
(1) Is at least 51 percent owned by one or more socially and economically disadvantaged individuals or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more such individuals; and,
(2) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
(D) Joint Check: a two-party check between a subcontractor, DBE and/or non-DBE, a prime contractor and the regular dealer of material supplies.
(E) Joint Venture: an association of a DBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest. (F) NAICS Code: The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the US business economy.
(G) Non-DBE: any firm that is not a DBE.
(H) Race Conscious: a measure or program is one that is focused specifically on assisting only DBEs, including women-owned DBEs.
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(I) Race Neutral: a measure or program is one that is, or can be, used to assist all small businesses. For the purposes of this part, race neutral includes gender- neutrality.
(J) Small Business Concern: a business that meets all of the following conditions:
(1) Operates as a for-profit business; (2) Operates a place of business primarily within the U.S., or makes a significant contribution to the U.S. economy through payment of taxes or use of American products, materials, or labor; (3) Is independently owned and operated; (4) Is not dominant in its field on a national basis; and (5) Does not have annual gross receipts that exceed the Small Business Administration size standards average annual income criteria for its primary North American Industry Classification System (NAICS) code.
Socially and Economically Disadvantaged Individuals: any individual who is a citizen (or lawfully admitted permanent resident) of the United States and who is:
(1) Any individual who is found to be a socially and economically disadvantaged individual on a case-by-case basis.
(2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged:
(i) "Black Americans," which includes persons having origins in any of the Black racial groups of Africa;
(ii) "Hispanic Americans," which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
(iii) "Native Americans," which includes persons who are enrolled members of a federally or State recognized Indian tribe, Alaskan Natives or Native Hawaiians;
(iv) “Asian-Pacific Americans,” which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the U.S. Trust Territories of the Pacific Islands (Republic of Palau), the Republic of the Northern Marianas Islands, Macao, Fiji, Tonga, Kiribati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;
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(v) “Subcontinent Asian Americans,” which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
(vi) Women;
(vii) Any additional groups whose members are designated as socially and economically disadvantaged by the Small Business Administration (SBA), at such time as the SBA designation becomes effective.
4.0 Working with DBEs:
The Department works with DBEs and assists them in their efforts to participate in the highway construction program. All bidders should contact the Department’s Business Engagement and Compliance Office (BECO) by phone, through email, or at the address shown below, for assistance in their efforts to use DBEs in the highway construction program of the Department. BECO contact information is as follows:
Arizona Department of Transportation Business Engagement and Compliance Office 1801 W. Jefferson Street, Ste. 101, Mail Drop 154A Phoenix, AZ 85007 Phone (602) 712-7761 FAX (602) 712-8429 Email: [email protected] Website: www.azdot.gov/bec
4.01 Mentor-Protégé Program:
The Department has established a Mentor-Protégé program as an initiative to encourage and develop disadvantaged businesses in the highway construction industry. The program encourages prime contractors to provide certain types of assistance to certified DBE subcontractors. ADOT encourages contractors and certified DBE subcontractors to engage in a Mentor-Protégé agreement under certain conditions. Such an agreement must be mutually beneficial to both parties and to ADOT in fulfilling the requirements of 49 CFR Part 23. For guidance regarding this program, refer to the Mentor-Protégé Program Guidelines available on the BECO website.
The Mentor-Protégé program is intended to increase legitimate DBE activities. The program does not diminish the DBE rules or regulations, and participants may not circumvent these rules.
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5.0 Applicability:
The Department has established an overall annual goal for DBE participation on Federal-aid contracts. The Department intends for the goal to be met with a combination of race conscious and race neutral efforts. Race conscious participation occurs where the contractor uses a percentage of DBEs, as defined herein, to meet the contract-specified goal. Race neutral efforts are those that are, or can be, used to assist all small businesses or increase opportunities for all small businesses. The regulation, 49 CFR 26, describes race neutral participation as when a DBE wins a prime contract through customary competitive procurement procedures or is awarded a subcontract on a prime contract that does not carry a DBE contract goal. The contractor shall meet the goal specified herein with DBEs, or establish that it was unable to meet the goal despite making good faith efforts to do so. Prime contractors are encouraged to obtain DBE participation above and beyond any goals that may be set for this project.
The DBE provisions are applicable to all bidders including DBE bidders.
6.0 Certification and Registration:
6.01 DBE Certification:
Certification as a DBE shall be predicated on:
(1) The completion and execution of an application for certification as a "Disadvantaged Business Enterprise". (2) The submission of documents pertaining to the firm(s) as stated in the application(s), including but not limited to a statement of social disadvantage and a personal financial statement. (3) The submission of any additional information which the Department or the applicable Arizona Unified Certification (UCP) agency may require to determine the firm's eligibility to participate in the DBE program. (4) The information obtained during the on-site visits to the offices of the firm and to active job-sites.
Applications for certification may be filed online with the Department or the applicable Arizona Unified Certification agency at any time through the Arizona Unified Transportation Registration and Certification System (AZ UTRACS) website at http://www.azutracs.com.
DBE firms and firms seeking DBE certification shall cooperate fully with requests for information relevant to the certification process. Failure or refusal to provide such information is a ground for denial or removal of certification. ADOT is a member of the AZ Unified Certification Program (AZUCP). Only DBE firms that are certified by the AZUCP are eligible for credit on ADOT projects. A list of DBE firms certified by AZUCP is available on the internet at http://www.azutracs.com/. The list will
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T indicate contact information and specialty for each DBE firm, and may be sorted in a variety of ways. However, ADOT does not guarantee the accuracy and/or completeness of this information, nor does ADOT represent that any licenses or registrations are appropriate for the work to be done.
The Department’s certification of a DBE is not a representation of qualifications and/or abilities; only that the firm has met the criteria for DBE certification as outlined in 49 CFR Part 26. The contractor bears all risks of ensuring that DBE firms selected by the contractor are able to perform the work.
6.02 SBC Registration:
To comply with 49 CFR Part 26.39, ADOT’s DBE Program incorporates contracting requirements to facilitate participation by Small Business Concerns (SBCs) in federally assisted contracts. SBCs are for-profit businesses authorized to do business in Arizona that meet the Small Business Administration (SBA) size standards for average annual revenue criteria for its primary North American Industry Classification System (NAICS) code.
While the SBC component of the DBE program does not require utilization goals on projects, ADOT encourages contractors to utilize small businesses that are registered in AZ UTRACS on their contracts, in addition to DBEs meeting the certification requirement. The contractor may use the AZ UTRACS website to search for certified DBEs and registered SBCs that can be used on the contract. However, SBCs that are not DBEs will not be counted toward the DBE contract goal.
SBCs can register online at the AZ UTRACS website. The Department’s registration of SBCs is not a representation of qualifications and/or abilities. The contractor bears all risks of ensuring that SBC firms selected by the contractor are able to perform the work.
7.0 DBE Financial Institutions:
The Department thoroughly investigates the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in its service area and makes reasonable efforts to use these institutions. The Department encourages prime contractors to use such institutions on USDOT assisted contracts. However, use of DBE financial institutions will not be counted toward the DBE contract goal.
The Department encourages prime contractors to research the Federal Reserve Board website at www.federalreserve.gov to identify minority-owned banks in Arizona derived from the Consolidated Reports of Condition and Income filed quarterly by banks (FFIEC 031 and 041) and from other information on the Board’s National Information Center database.
8.0 Time is of the Essence:
TIME IS OF THE ESSENCE IN RESPECT TO THE DBE PROVISIONS.
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9.0 Computation of Time:
In computing any period of time described in this DBE special provision, such as calendar days, the day from which the period begins to run is not counted, and when the last day of the period is a Saturday, Sunday, or Federal or State holiday, the period extends to the next day that is not a Saturday, Sunday, or Federal or State holiday. In circumstances where the Department’s offices are closed for all or part of the last day, the period extends to the next day on which the Department’s offices are open.
10.0 Contractor and Subcontractor Requirements:
10.01 General:
The contractor shall establish a DBE program that will ensure nondiscrimination in the award and administration of contracts and subcontracts. Agreements between the bidder and a DBE in which the DBE promises not to provide subcontracting quotations to other bidders are prohibited.
10.02 DBE Liaison:
The contractor shall designate a DBE Liaison responsible for the administration of the contractor’s DBE program. The name of the designated DBE Liaison shall be included in the DBE Intended Participation Affidavit Summary.
11.0 Bidders/Proposers List and AZ UTRACS Registration Requirement:
Under Title 49 CFR of the Code of Federal Regulations, Part 26.11, DOTs are required to collect certain information from all contractors and subcontractors who seek to work on federally-assisted contracts in order to set overall and contract DBE goals. ADOT collects this information through a Bidders/Proposers List when firms register their companies on the Arizona Unified Transportation Registration and Certification System (AZ UTRACS) web portal at http://www.azutracs.com/ a centralized database for companies that seek to do business with ADOT. This information will be maintained as confidential to the extent allowed by federal and state law.
Prime contractors and all subcontractors, including DBEs, must be registered in AZ UTRACS. Bidders may verify that their firm and each subcontractors is registered using the AZ UTRACS website.
Bidders may obtain additional information at the AZ UTRACS website or by contacting BECO.
Bidders shall create the Bidders/Proposers List in the AZ UTRACS by selecting all subcontractors, service providers, manufacturers and suppliers that expressed interest or submitted bids, proposals or quotes for this contract. The Bidders/Proposers List form must
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All bidders must complete the Bidders/Proposers List online at AZ UTRACS whether they are the apparent low bidder or not. A confirmation email will be generated by the system. The bidders shall submit to BECO a copy of the email confirmation no later than 4:00 p.m. on the fifth calendar day following the bid opening. Faxed copies are acceptable.
FAILURE TO SUBMIT THE REQUIRED BIDDERS/PROPOSERS LIST CONFIRMATION EMAIL TO BECO BY THE STATED TIME AND IN THE MANNER HEREIN SPECIFIED SHALL BE CAUSE FOR THE BIDDER BEING DEEMED INELIGIBLE FOR AWARD OF THE CONTRACT.
12.0 DBE Goals:
The minimum goal for participation by DBEs on this project is as follows:
3.05 Percent
The percentage of DBE participation shall be based on the total bid.
13.0 Submission with Bids:
All bidders are required to certify in their bid proposal on the “Disadvantaged Business Enterprise Goal Assurance” certificate either:
(1) The bidder has met the established DBE goal and arrangements with certified DBEs have been made prior to the submission of the bid, or
(2) The bidder has been unable to meet the established DBE goal prior to the submission of the bid and has made good faith efforts to do so.
For the purpose of this section, ‘arrangements’ means, at a minimum, agreement between the bidder and the certified DBE, either written or oral, on unit prices and scope of work.
This certificate may not be revised or corrected after submission of the bid. If the bidder certifies that it has met the goal, the bidder cannot change its position after submission of the bid and submit documentation of a good faith effort. If the bidder certifies that it has been unable to meet the goal and has made a good faith effort, the bidder cannot change its position after submission of the bid and claim to have met or be able to meet the established goal.
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Bids submitted with altered, incomplete or unsigned certificates will be considered non- responsive. Bids submitted with certifications on forms other than those furnished by the Department will be considered non-responsive.
14.0 Bidder Meeting DBE Goal:
14.01 General:
To be considered responsible and eligible for award of a contract, a bidder who has indicated in its bid that it met the DBE goal must submit the information described in this Subsection no later than five calendar days after bid opening.
If the bid of the apparent low bidder is rejected for any reason, the next low bidder may become the apparent low bidder only if it had submitted the information described in this Subsection or Subsection 15.01, as appropriate, no later than five calendar days after bid opening.
In order to be awarded this contract, a bidder must establish either (1) that it has met the DBE participation goal of the contract or (2) that it has made adequate good faith efforts (GFE) to meet the DBE goal. This requirement is in addition to all other pre-award requirements.
If the apparent low bidder indicates in the bid that it has met the DBE goal, the bidder shall submit a DBE Intended Participation Affidavit for each individual DBE it intends to use to meet the project DBE goal if the contract is awarded to their firm, and the Intended Participation Affidavit Summary as follows:
(1) The DBE Intended Participation Affidavit for each individual DBE, and the Intended Participation Affidavit Summary must be received by BECO no later than 4:00 P.M. on the fifth calendar day following the bid opening. Copies of these forms are available from BECO at the address, phone number or website listed in DBE Subsection 4.0. The affidavits and Summary shall indicate that the bidder has met the DBE goal if this was indicated on the submittal with the bid.
(2) The Intended Participation Affidavit Summary and the DBE Intended Participation Affidavit for each individual DBE must be accurate and complete in every detail and must be signed by an officer of the contractor(s). Percentages and dollar amounts must be accurate. Percentages shall be listed to two decimal places. The DBE Intended Participation Affidavit Summary must be submitted listing all the DBEs intended to be used and the creditable amounts.
(3) A separate DBE Intended Participation Affidavit must be submitted for each DBE used to meet the goal of the project. The bidder shall indicate each DBE's name, a description of the work the DBE will perform, bid item number, proposed subcontract amount, and the NAICS code applicable to the kind of work the firm would perform on
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the contract. A list of certified DBEs with their respective NAICS codes can be located on the DBE Directory at AZ UTRACS website. All partial items must be explained. If not, the DBE will be considered to be responsible for the entire item. The intended DBE must complete and sign the form to confirm its participation in the contract.
(4) The affidavits and summary may be submitted electronically through email to BECO.
(5) A bidder must determine DBE credit in accordance with DBE Subsection 18 (Crediting DBE Participation Toward Meeting Goals). The affidavit will be reviewed, and approved or rejected by BECO.
(6) Only those DBE firms certified by the Arizona Unified Certification Program (AZUCP) as of the deadline for bid submittal will be considered for DBE credit. It shall be the bidder’s responsibility to ascertain the certification status of designated DBEs.
(7) All DBE commitment amounts must be finalized between the DBE subcontractor and the bidder prior to the deadline for affidavit submittal. Bidders shall not inflate DBE awards in order to meet contract goals.
(8) The bidder bears the risk of late submission or late delivery by the postal service or a delivery service. Affidavits and Summary received by BECO after 4:00 P.M. on the fifth calendar day following the bid opening will not be accepted.
(9) Reduction of DBE commitments after affidavit submittal and prior to execution of the contract without good cause will result in the bid being rejected or the Department rescinding any award. Scheduling conflicts are not necessarily evidence of good cause as this should have been considered during pre-bid negotiations. The contractor is responsible for ensuring the DBE is available to meet the requirements of the contract.
14.02 Failure to Comply:
If the apparent low bidder fails to submit the required information by the stated time and in the manner herein specified, or if the submitted information reveals a failure to meet the requirements of the specifications, the apparent low bidder shall be ineligible to receive award of the contract and the bid will be rejected. The proposal guarantee (bid bond) shall be forfeited if no submission is made or if the State Engineer finds the submission was made in bad faith.
15.0 Documented Good Faith Effort:
15.01 General:
To be considered responsible and eligible for award of a contract a bidder who has indicated in its bid that it was unable to meet the DBE goal but made good faith efforts must
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T submit the information described in this Subsection no later than five calendar days after bid opening.
If the bid of the apparent low bidder is rejected for any reason, the next low bidder may become the apparent low bidder only if it had submitted the information described in this Subsection or Subsection 14.01, as appropriate, no later than five calendar days after bid opening. If the apparent low bidder has stated in its bid proposal that it has been unable to meet the DBE goal, that bidder must demonstrate, through detailed and comprehensive documentation, that good faith efforts have been made to solicit, assist, and use DBE firms to meet the DBE goal prior to the bid. If the bidder certifies that it has been unable to meet the goal and has made a good faith effort, the bidder cannot change its position after submission of the bid and claim to have met the established goal.
Failure to demonstrate good faith efforts to the satisfaction of ADOT will result in the rejection of the bid. In the event that the low bid is rejected, the Department will consider award of the contract to the next responsible and responsive bidder. To be considered responsive, the bidder must have submitted the information described in either Subsection 14 or 15 of this DBE special provision, no later than five calendar days after bid opening.
The bidder’s good faith effort documentation must be submitted to and received by the Department’s BECO by 4:00 P.M. on the fifth calendar day after the bids are opened. Good faith effort documentation may be submitted electronically through email to BECO. Good faith effort documentation submitted after the time specified will not be accepted.
The bidder bears the risk of late submission or late delivery by the postal service or a delivery service.
The documentation of good faith efforts must include copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non-DBE subcontractor was selected over a DBE for work on the contract. A generalized assertion that the contractor received multiple quotes is not sufficient unless copies of those quotes are provided.
Bidders are encouraged to review Appendix A of 49 CFR Part 26.
Useful information related to encouraging DBE participation and documented good faith efforts can be found in the Department’s “Good Faith Effort Guide” and other documents made available on the internet at BECO’s website. The information provided in the “Good Faith Effort Guide” does not replace the specifications; bidders must comply with the requirements of this specification.
In order to be awarded a contract on the basis of good faith efforts, a bidder must show that it took all necessary and reasonable steps to achieve the DBE goal which, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to obtain sufficient DBE participation, even if they were not fully successful. The Department will
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T consider the quality, quantity, and intensity of the different kinds of efforts the bidder has made. The efforts employed by the bidder should be those that one could reasonably expect a bidder to make if the bidder were actively and aggressively trying to obtain DBE participation sufficient to meet the DBE goal. Mere pro forma efforts are not sufficient good faith efforts to meet the DBE contract requirements.
The bidder shall, as a minimum, seek DBEs in the same geographic area in which it generally seeks subcontractors for a given project. If the bidder cannot meet the goals using DBEs from this geographic area, the bidder, as part of its effort to meet the goals, shall expand its search to a reasonably wider geographic area.
The following is a list of types of efforts a bidder must address when submitting good faith effort documentation:
(1) Contacting the Department’s BECO prior to the submission of bids, either by email, or by telephone, to inform BECO of the firm’s difficulty in meeting the DBE goals on a given project, and requesting assistance. The bidder must document its contact with BECO, and indicate the type of contact, the date and time of the contact, the name of the person(s) contacted, and any details related to the communication. The contact must be made in sufficient time before bid submission to allow BECO to provide effective assistance. The bidder will not be considered to have made good faith efforts if the bidder failed to contact BECO. (2) Conducting market research to identify small business contractors and suppliers, and soliciting, through all reasonable and available means the interest of all certified DBEs who have the capability to perform the work of the contract. This may include attendance at pre-bid meetings and business matchmaking meetings and events, advertising and/or providing written notices, posting of “Notices of Sources Sought” and/or “Requests for Proposals” at reasonable locations, including the contractor’s website, written notices or emails to all DBEs listed in the Department’s directory of transportation firms that specialize in areas of work desired (as noted in the DBE directory) and which are located in the area or surrounding areas of the project. The bidder should solicit this interest as early in the acquisition process as practicable to allow DBEs to respond to the solicitation and submit a timely offer for the subcontract. The bidder should determine with certainty if the DBEs are interested by taking appropriate steps to follow-up initial solicitations.
(3) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units (for example smaller tasks or quantities) to facilitate DBE participation, even when the prime contractor might otherwise prefer to perform these work items with its own forces. This may include, where possible, establishing flexible time frames for performance and delivery schedules in a manner that encourages and facilitates DBE participation.
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(4) Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist DBEs in responding to solicitations.
(5) Negotiating in good faith with interested DBEs. It is the bidder’s responsibility to make a portion of the work available to the DBE subcontractors and suppliers, and to select those portions of work or material needs consistent with the available DBE subcontractors and suppliers, so as to facilitate DBE participation. Evidence of such negotiation includes the names, addresses, and telephone numbers of DBEs that were considered; a description of the information provided from the plans and specifications for the work selected for subcontracting; and evidence as to why additional agreements could not be reached for DBEs to perform work.
Mailings to DBEs requesting bids are not alone sufficient to constitute good faith effort.
A bidder using good business judgment would consider a number of factors in negotiating with subcontractors, including DBE subcontractors, and would take a firm’s price and capabilities as well as contract goals into consideration. However, the fact that there may be some additional costs involved in finding and using DBEs is not in itself sufficient reason for a bidder’s failure to meet the DBE goal, as long as such costs are reasonable. Also, the ability or desire of a prime contractor to perform the work of a contract with its own organization does not relieve the bidder of the responsibility to make good faith efforts. However, prime contractors are not required to accept higher quotes from DBEs if the price difference is excessive or unreasonable. Documentation, such as copies of all other bids or quotes, must be submitted.
(6) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities. The contractor’s standing within its industry, membership in specific groups, organizations or associations and political or social affiliations (for example, union vs. non-union employee status) are not legitimate causes for the rejection or non-solicitation of bids in the contractor’s efforts to meet the project goal.
(7) Making efforts to assist interested DBEs in obtaining bonding, lines of credit, or insurance as required by the recipient or contractor.
(8) Making efforts to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services.
(9) Effectively using the services of available minority/women community organizations; minority/women contractors’ groups; local, state, and Federal minority/women business assistance offices; and other organizations as allowed on a case-by-case basis to provide assistance in the recruitment and placement of DBEs.
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Another practice considered an insufficient good faith effort is the rejection of the DBE because its quotation for the work was not the lowest received. The contractor must submit copies of each DBE and non-DBE subcontractor quote submitted to the bidder when a non- DBE subcontractor was selected over a DBE for work on the contract. A generalized assertion that the contractor has received multiple quotes is not sufficient unless copies of those quotes are provided. The Department may contact rejected DBEs as part of its investigation. However, nothing in this paragraph shall be construed to require the bidder or prime contractor to accept unreasonable quotes in order to satisfy contract goals.
In determining whether a bidder has made good faith efforts, the Department will review the documented efforts of the contractor and will review the performance take into account the ability of other bidders in meeting the contract to meet the DBE goal.
A promise to use DBEs after contract award is not considered to be responsive to the contract solicitation or to constitute good faith efforts.
The Department will evaluate the submittal to determine whether in fact good faith efforts have been demonstrated consistent with the specifications and the Federal regulations, 49 CFR 26, Appendix A.
15.02 Failure to Comply:
If the apparent low bidder fails to submit the required information by the stated time and in the manner herein specified, or if the submitted information reveals a failure to meet the requirements of the specifications, the apparent low bidder shall be ineligible to receive award of the contract and the bid will be rejected. The proposal guarantee (bid bond) shall be forfeited if no submission is made or if the State Transportation Board finds the submission was made in bad faith.
15.03 Appeal and Protest of Good Faith Effort Determination:
Any interested party may appeal the determination of the Business Engagement and Compliance Office to the State Engineer. That appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The protest must be received by the State Engineer no later than seven calendar days after the decision of BECO. Copies of the protest shall be sent by the protestant to every bidder, at the same time the protest is submitted to the State Engineer. Any bidder whose bid is rejected for failure to meet the goal or make GFE will be given the opportunity to meet in person with the State Engineer, at the bidder’s written request included in the protest, to discuss the issue of whether it met the goal or made adequate good faith efforts to do so.
Any interested party may submit a response to the appeal no later than seven calendar days after the appeal. Responses from interested parties must also be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. Any interested party submitting such response shall also provide a copy of its
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T response to every bidder, at the same time the protest is submitted to the State Engineer. The State Engineer shall promptly consider any appeals under this subsection and notify all bidders in writing of the State Engineer’s findings and decision.
Any interested party may protest the State Engineer’s decision to the Transportation Board, pursuant to the requirements of Subsection 103.10 of the Standard Specifications. In accordance with 49 CFR 26.53(d)(5), the result of the Board’s Decision is not subject to administrative appeal to the USDOT.
16.0 Rejection of Low Bid:
If, for any reason, the bid of the apparent low bidder is rejected, a new apparent low bidder will be identified. The Department will notify the new apparent low bidder.
A bidder may become the apparent low bidder only if it had submitted the information described in Subsection 14.01 or 15.01, as appropriate, no later than five calendar days after bid opening.
17.0 Payment Reporting:
The contractor shall report on a monthly basis indicating the amounts paid to all subcontractors, of all tiers, working on the project. Reporting shall be in accordance with Subsection 109.06(B)(5) of the specifications.
18.0 Crediting DBE Participation Toward Meeting Goals:
18.01 General Requirements:
To count toward meeting a goal, the DBE firm must be certified as of the deadline for submission of bids in each NAICS code applicable to the kind of work the firm will perform on the contract. NAICS for each DBE can be found on the AZ UTRACS under the Firm Directory. General descriptions of all NAICS codes can be found at www.naics.com.
Credit towards the contractor’s DBE goal is given only after the DBE has been paid for the work performed.
The entire amount of a contract that is performed by the DBE’s own forces, including the cost of supplies and materials purchased by the DBE for the work on the contract and equipment leased by the DBE will be credited toward DBE participation. Supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate will not be credited toward DBE participation. Work included in a force account item cannot be listed on the DBE Intended Participation Affidavit.
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The contractor bears the responsibility to determine whether the DBE possesses the proper contractor’s license(s) to perform the work and, if DBE credit is requested, that the DBE subcontractor is certified for the requested type of work.
If a DBE cannot complete its work due to failure to obtain or maintain its licensing, the contractor bears the responsibility to notify the Engineer and BECO immediately after the contractor becomes aware of the situation, and request approval to replace the DBE with another DBE. The contractor shall follow the DBE termination/substitution requirements described in Subsection 24.0 of these DBE provisions.
The Department’s certification is not a representation of a DBE’s qualifications and/or abilities. The contractor bears all risks that the DBE may not be able to perform its work for any reason. A DBE may participate as a prime contractor, subcontractor, joint venture partner with either a prime contractor or a subcontractor, or as a vendor of materials or supplies. A DBE joint venture partner shall be responsible for a clearly defined portion of the work to be performed, in addition to meeting the requirements for ownership and control.
The dollar amount of work to be accomplished by DBEs, including partial amount of a lump sum or other similar item, shall be on the basis of subcontract, purchase order, hourly rate, rate per ton, etc., as agreed to between parties.
With the exception of bond premiums, all work must be attributed to specific bid items. Where work applies to several items, the DBE contracting arrangement must specify unit price and amount attributable to each bid item. DBE credit for any individual item of work performed by the DBE shall be the lesser of the amount to be paid to the DBE or the prime contractor's bid price. If the amount bid by the DBE on any item exceeds the prime contractor’s bid amount, the prime contractor may not obtain credit by attributing the excess to other items. Where more than one DBE is engaged to perform parts of an item (for example, supply and installation), the total amount payable to the DBEs will not be considered in excess of the prime contractor’s bid amount for that item.
Bond premiums may be stated separately, so long as the arrangement between the prime contractor and the DBE provides for separate payment not to exceed the price charged by the bonding company.
DBE credit may be obtained only for specific work done for the project, supply of equipment specifically for physical work on the project, or supply of materials to be incorporated in the work. DBE credit will not be allowed for costs such as overhead items, capital expenditures (for example, purchase of equipment), and office items.
If a DBE performs part of an item (for example, installation of materials purchased by a Non-DBE), the DBE credit shall not exceed the lesser of (1) the DBE’s contract or (2) the
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T prime contractor’s bid for the item, less a reasonable deduction for the portion performed by the Non-DBE.
When a DBE performs as a partner in a joint venture, only that portion of the total dollar value of the contract which is clearly and distinctly performed by the DBE's own forces can be credited toward the DBE goal.
The contractor may credit second-tier subcontracts issued to DBEs by non-DBE subcontractors. Any second-tier subcontract to a DBE used to meet the goal must meet the requirements of a first-tier DBE subcontract.
A prime contractor may credit the entire amount of that portion of a construction contract that is performed by the DBE’s own forces. The cost of supplies and materials obtained by the DBE for the work of the contract can be included so long as that cost is reasonable. Leased equipment may also be included. No credit is permitted for supplies purchased or equipment leased from the prime contractor or its affiliate(s). When a DBE subcontracts a part of the work of its contract to another firm, the value of the subcontract may be credited towards the DBE goal only if the DBE’s subcontractor is itself a DBE and performs the work with its own forces. Work that a DBE subcontracts to a non-DBE firm does not count toward a DBE goal.
A prime contractor may credit the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or managerial services, or for providing bonds or insurance specifically required for the performance of a USDOT-assisted contract, provided the fees are reasonable and not excessive as compared with fees customarily allowed for similar services.
18.02 DBE Prime Contractor:
When a certified DBE firm bids on a contract that contains a DBE goal, the DBE firm is responsible for meeting the DBE goal on the contract or making good faith efforts to meet the goal, just like any other bidder. In most cases, a DBE bidder on a contract will meet the DBE goal by virtue of the work it performs on the contract with its own forces. However, all the work that is performed by the DBE bidder or any other DBE subcontractors and DBE suppliers will count toward the DBE goal. The DBE bidder shall list itself along with any DBE subcontractors and suppliers, on the DBE Intended Participation Affidavit and Summary in order to receive credit toward the DBE goal.
18.03 Effect of Loss of DBE Eligibility:
If a DBE is deemed ineligible (decertified) or suspended by the Department in accordance with 49 CFR 26.87 and 26.88, the DBE may not be considered to meet a contract goal on a new contract, but may be considered to meet the contract goal under a subcontract that was executed before the DBE suspension or decertification is effective.
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When a committed DBE firm or a DBE prime contractor loses its DBE eligibility and a subcontract or contract has not been executed before a decertification notice is issued to the DBE firm by its certifying agency, the ineligible firm does not count toward the contract goal. The contractor must meet the contract goal with an eligible DBE firm or firms or demonstrate good faith effort. When a subcontract is executed with the DBE firm before the Department notified the firm of its ineligibility, the contractor may continue to use the firm on the contract and may continue to receive credit toward the DBE goal for the firm’s work.
18.04 Notifying the Contractor of DBE Certification Status:
Each DBE contract of any tier shall require any DBE subcontractor or supplier that is either decertified or certified during the term of the contract to immediately notify the contractor and all parties to the DBE contract in writing, with the date of decertification or certification. The contractor shall require that this provision be incorporated in any contract of any tier in which a DBE is a participant.
18.05 Police Officers:
DBE credit will not be permitted for procuring DPS officers. For projects on which officers from other agencies are supplied, DBE credit will be given only for the broker fees charged, and will not include amounts paid to the officers. The broker fees must be reasonable.
18.06 Commercially Useful Function:
A prime contractor can credit expenditures to a DBE subcontractor toward DBE goals only if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the project. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors.
A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate.
If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful function.
When a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices.
The Department will notify the contractor, in writing, if it determines that the contractor’s DBE subcontractor is not performing a CUF. The contractor will be notified within seven calendar days of the Department’s decision.
Decisions on CUF may be appealed to the State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of BECO. BECO’s decision remains in effect unless and until the State Engineer reverses or modifies BECO’s decision. The State Engineer will promptly consider any appeals under this subsection and notify the contractor of the State Engineer’s findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT.
The Department will conduct project site visits on the contract to confirm that DBEs are performing a CUF. The contractor shall cooperate during the site visits and the Department’s staff will make every effort not to disrupt work on the project.
18.07 Trucking:
The Department will use the following factors in determining whether a DBE trucking company is performing a commercially useful function. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting DBE goals.
The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the contract on every day that credit is to be given for trucking.
The contractor will receive credit for the total value of transportation services provided by the DBE using trucks it owns, insures and operates, and using drivers it employs.
The DBE may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services.
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The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks with drivers from a non-DBE is entitled to credit for the total value of the transportation services provided by non-DBE leased trucks with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks with drivers receives credit only for the fee or commission paid to the DBE as a result of the lease agreement.
Example: DBE Firm X uses two of its own trucks on a contract. It leases two trucks from DBE Firm Y and six trucks from non-DBE firm Z. DBE credit would be awarded for the total value of transportation services provided by Firm X and Firm Y, and may also be awarded for the total value of transportation services provided by four of the six trucks provided by Firm Z. In all, full credit would be allowed for the participation of eight trucks. DBE credit could be awarded only for the fees or commissions pertaining to the remaining trucks Firm X receives as a result of the lease with Firm Z.
The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services.
Example: DBE Firm X uses two of its own trucks on a contract. It leases three additional trucks from non-DBE Firm Z. Firm X uses is own employees to drive the trucks leased from Firm Z. DBE credit would be awarded for the total value of the transportation services provided by all five trucks.
For purposes of this section, a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, so long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. Credit will be allowed only for those lease costs related to the time each truck is devoted to the project.
DBE credit for supplying paving grade asphalt and other asphalt products will only be permitted for standard industry hauling costs, and only if the DBE is owner or lessee of the equipment and trucks. Leases for trucks must be long term (extending for a fixed time period and not related to time for contract performance) and must include all attendant responsibilities such as insurance, titling, hazardous waste requirements, and payment of drivers.
18.08 Materials and Supplies:
The Department will credit expenditures with DBEs for material and supplies towards the DBE goal as follows. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies is credited. A manufacturer is defined as a firm that operates or maintains a factory or establishment that produces, on the premises,
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T the materials, supplies, articles, or equipment required under the contract, and of the general character described by the specifications.
If the materials or supplies are purchased from a DBE regular dealer, 60 percent of the cost of the materials or supplies is credited. A DBE regular dealer is defined as a firm that owns, operates, or maintains a store or warehouse or other establishment in which the materials, supplies, articles, or equipment of the general character described by the specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A firm may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, stone or asphalt without owning, operating, or maintaining a place of business, as provided above, if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers’ own distribution equipment shall be by a long-term lease agreement, and not on an ad-hoc or contract-by-contract basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not regular dealers within the meaning of this paragraph and the paragraph above.
With respect to materials or supplies purchased from a DBE which is neither a manufacturer nor a regular dealer, the Department will credit the entire amount of the fees or commissions charged by the DBE for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, toward DBE goals, provided the fees are determined to be reasonable and not excessive as compared with fees customarily allowed for similar services. The cost of the materials and supplies themselves may not be counted toward the DBE goal.
The Department will credit expenditures with DBEs for material and supplies (e.g. whether a firm is acting as a regular dealer or a transaction expediter) towards the DBE goal on a contract-by-contract basis. The fact that a DBE firm qualifies under a classification (manufacturer, regular dealer or supplier) for one contract does not mean it will qualify for the same classification on another contract. The bidder shall be responsible for verifying whether a DBE qualifies as a DBE manufacturer, regular dealer or supplier. The bidder may contact BECO for assistance in this determination.
19.0 Effect of Contract Changes:
If for any reason it becomes apparent that the DBE goal will not be met then the contractor shall: (1) immediately notify the Engineer and BECO of the potential or actual decrease in DBE compensation, and (2) make good faith efforts to obtain DBE participation to meet or exceed the project DBE goal. BECO will approve or deny the contractor’s good faith efforts. Good faith efforts required under the provisions of this section may vary, depending on the time available, the nature of the change, who initiated the change, and other factors as determined by BECO.
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The contractor is not required to take work committed to another subcontractor and assign it to a DBE subcontractor in order to meet the committed DBE percentage.
If the resulting change increases the scope or quantity of work being done by a DBE subcontractor, the DBE shall be given the opportunity to complete the additional work and receive additional compensation beyond their original subcontract amount.
20.0 DBE Participation Above the Goal (Race Neutral Participation):
Additional DBE participation above the DBE participation required to meet the contract DBE goal is an important aspect of the Department’s DBE program. The contractor is strongly encouraged to use additional DBEs above the DBE goal requirement in the contract to assist the Department in meeting its overall DBE goal and help the Department to meet the maximum feasible portion of its DBE goals through race neutral participation as outlined in 49 CFR Part 26.
There are fewer administrative requirements on the part of the contractor when using race neutral DBEs (DBEs not listed on the DBE Intended Participation Affidavit Summary). For example, if a DBE is not listed on the DBE Intended Participation Affidavit Summary, the DBE does not have to submit an Affidavit, and the subcontract approval process follows the same process of any other subcontract. The contractor does not have to replace the race neutral DBE with another DBE subcontractor if the race neutral DBE fails to perform. Therefore these DBEs are treated as any other subcontractor on the project.
21.0 Required Provisions for DBE Subcontracts:
All subcontracts of any tier, all supply contracts, and any other contracts in which a DBE is a party shall include, as a physical attachment, DBE Subcontract Compliance Assurances available on BECO’s website.
Contractors executing agreements with subcontractors, DBE or non-DBE, that materially modify federal regulation and state statutes such as, prompt payment and retention requirements, through subcontract terms and conditions will be found in breach of contract which may result in termination of the contract, or any other such remedy as the Engineer deems appropriate as outlined in DBE Subsection 2.0.
The Department reserves the right to conduct random reviews of DBE and non-DBE subcontract documentation to ensure compliance with federal requirements.
The contractor shall ensure that all subcontracts or agreements with DBEs to supply labor or materials require that the subcontract and all lower tier subcontracts be performed in accordance with 49 CFR Part 26.
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22.0 Contract Performance:
Contract items of work designated by the contractor to be awarded to DBEs shall be performed by the designated DBE or a Department-approved DBE substitute. DBE contract work items shall not be performed by the contractor, or a non-DBE subcontractor without prior approval by BECO. The DBE must perform a commercially useful function; that is, the DBE must manage, perform, and supervise a distinct element of work.
The contractor is required to use DBEs identified to meet the contract goal, so the prime contractor is responsible for ensuring that the DBEs are available to meet scheduling, work and other requirements on the contract.
The Department will visit the contract worksite to conduct reviews to ensure compliance with DBE requirements. The reviews may include, among other activities, interview of DBEs and their employees and the contractor and its employees. The contractor shall cooperate in the review and make its employees available. The contractor shall inform the Engineer in advance when each DBE will be working on the project to help facilitate reviews.
The Department reserves the right to inspect all records of the contractor and all records of the DBEs and non-DBE subcontractors concerning this contract. The contractor must make all documents related to all contracts available to ADOT upon request in accordance with Subsection 107.18.
In accordance with Subsection 108.01 of the specifications, the contractor shall provide to the Engineer, at the pre-construction conference, copies of all completed and signed subcontracts, purchase orders, invoices, etc., with all committed DBEs. These documents shall include the AZ UTRACS Registration number for the subcontractor or materials supplier. Use of every DBE listed on the DBE Intended Participation Affidavit Summary is a condition of this contract. The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed on the Intended Participation Affidavit Summary unless the contractor obtains the Department’s written consent. The contractor shall not be entitled to any payment for work or material that is not performed or supplied by the listed DBE, unless the Department has consented in writing.
23.0 Joint Checks:
23.01 Requirements:
A DBE subcontractor and a material supplier (or equipment supplier) may request permission for the use of joint checks for payments from the prime contractor to the DBE subcontractor and the supplier. Joint checks may be issued only if all the conditions in this subsection are met.
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1. The DBE subcontractor must be independent from the prime contractor and the supplier, and must perform a commercially useful function. The DBE subcontractor must be responsible for negotiating the price of the material, determining quality and quantity, ordering the materials, installing (where applicable), and paying for the material. The DBE subcontractor may not be utilized as an extra participant in a transaction, contract, or project in order to obtain the appearance of DBE participation. 2. The use of joint checks will be allowed only if the prime contractor, DBE subcontractor, and material supplier establish that the use of joint checks in similar transactions is a commonly recognized business practice in the industry, particularly with respect to similar transactions in which DBE’s do not participate. 3. A material or supply contract may not bear an excessive ratio relative to the DBE subcontractor’s normal capacity. 4. There may not be any exclusive arrangement between one prime and one DBE in the use of joint checks that may bring into question whether the DBE is independent of the prime contractor. 5. Any arrangement for joint checks must be in writing, and for a specific term (for example, one year, or a specified number of months) that does not exceed a reasonable time to establish a suitable credit line with the supplier. 6. The prime contractor may act solely as the payer of the joint check, and may not have responsibility for establishing the terms of the agreement between the DBE subcontractor and the supplier. 7. The DBE must be responsible for receiving the check from the prime contractor and delivering the check to the supplier. 8. The prime contractor cannot require the DBE subcontractor to use a specific supplier, and the prime contractor may not participate in the negotiation of unit prices between the DBE subcontractor and the supplier.
23.02 Procedure and Compliance:
1. The Business Engagement and Compliance Office must approve the agreement for the use of joint checks in writing before any joint checks are issued. The prime contractor shall submit a DBE joint check request form, available from the BECO website, along with the joint check agreement, to BECO through email within seven calendar days from the time the subcontract is executed.
2. After obtaining authorization for the use of joint checks, the prime contractor, the DBE, and the supplier must retain documentation to allow for efficient monitoring of the agreement.
3. Copies of canceled checks must be submitted, with the payment information for the period in which the joint check was issued, electronically through email to BECO, and made available for review at the time of the onsite CUF review. The prime contractor, DBE, and supplier each have an independent duty to report to the Department in the case of any change from the approved joint check arrangement.
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4. Any failure to comply will be considered by the Department to be a material breach of this contract and will subject the prime contractor, DBE, and supplier to contract remedies and, in the case of serious violations, a potential for termination of the contract, reduction or loss of prequalification, debarment, or other remedies which may prevent future participation by the offending party.
24.0 DBE Termination/Substitution:
24.01 General Requirements:
The contractor shall make all reasonable efforts to avoid terminating or substituting a DBE listed on the DBE Intended Participation Affidavit Summary. At a minimum, the contractor shall negotiate in good faith, give timely notices and/or extend deadlines to the extent that it will not jeopardize the contract with the Department. Reasonable methods to resolve performance disputes must be applied and documentation provided to the Department before attempting to substitute or terminate a DBE.
24.02 Contractor Notice of Termination/Substitution:
All terminations, substitutions, and reductions in scope of work to be performed by DBEs listed on the DBE Intended Participation Affidavit Summary must be approved in writing by BECO. The contractor shall contact the Department within 24 hours from the first sign of any reason for potential DBE termination/substitution.
The contractor shall not terminate a DBE subcontractor listed on the DBE Intended Participation Affidavit or complete the work contracted to the DBE with its own forces or with a non-DBE firm without the Department’s written consent. Before submitting a formal request to the Department for DBE termination/substitution, the contractor shall give written notice to the DBE subcontractor with a copy to BECO of its intent to terminate or substitute the DBE identifying the reason for the action. The notice shall include the deadline for the DBE to submit a written response advising the contractor and BECO of its position, which shall be a minimum of five calendar days after the notice is given. The Department will consider both the contractor’s request and the DBE firm’s response before approving the contractor’s termination and substitution request.
24.03 Contractor Request for Termination/Substitution:
The contractor shall formally request the termination or substitution of a DBE listed on the DBE Intended Participation Affidavit Summary by submitting the DBE Termination/Substitution Request form, available from the BECO website, and supporting documentation to BECO. The submission shall include the following information:
1) The date the contractor determined the DBE to be unwilling, unable, or ineligible to perform.
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2) A brief statement of facts describing the situation and citing specific actions or inaction by the DBE firm giving rise to contractor’s assertion that the DBE firm is unwilling, unable, or ineligible to perform. 3) A brief statement of the good faith efforts undertaken by the contractor to enable the DBE firm to perform. 4) The total dollar amount currently paid for work performed by the DBE firm. 5) The total dollar amount remaining to be paid to the DBE firm for work completed, but for which the DBE firm has not received payment, and over which the contractor and the DBE firm have no dispute. 6) The projected date that the contractor requires a substitution or replacement DBE to commence work, if consent is granted to the request. 7) The DBE’s response to the notice of intent to terminate. If there is no response from the DBE within the time allowed in the notice of intent to terminate, the contractor shall state that no response was received.
Any requests for substitutions or terminations of DBEs shall be made on the forms provided online by BECO.
Written consent for terminating the performance of any DBE listed on the DBE Intended Participation Affidavit Summary will be granted only where the contractor can demonstrate good cause showing that the DBE is unable, unwilling, or ineligible to perform. Such written consent to terminate any DBE shall concurrently constitute written consent to substitute or replace the terminated DBE. Termination or substitution of a DBE listed on the DBE Intended Participation Affidavit Summary will not be allowed based solely on a contractor's ability to negotiate a more advantageous contract with another subcontractor. The Department will consider both the contractor's request and DBE's response and explanation before approving the contractor's termination and substitution request.
24.04 Good Cause:
The Department will make the determination of good cause by providing written consent to the contractor after evaluating the contractor’s good cause to terminate or substitute a DBE firm. Good cause for this purpose includes the following in relation to the listed DBE subcontractor:
1. Fails or refuses to execute a written contract. 2. Fails or refuses to perform the work of its subcontract in a way consistent with normal industry practice standards. However, good cause does not exist if the failure or refusal of the DBE subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the prime contractor. 3. Fails or refuses to meet the prime contractor’s reasonable, nondiscriminatory bond/insurance requirements. 4. Becomes bankrupt, insolvent, or exhibits credit unworthiness. 5. Is ineligible to work on public works projects because of suspension and debarment proceedings pursuant to federal or state law.
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6. Is not a responsible contractor. 7. Voluntarily withdraws from the project and provides written notice of its withdrawal to the Department. 8. Is ineligible under a specific NAICS code to receive DBE credit for the type of work required. 9. A DBE owner dies or becomes disabled with the result that the firm is unable to complete its work on the contract. 10. Other documented good cause that the Department determines compels the termination or substitution of the DBE subcontractor.
24.05 DBE Termination/Substitution Good Faith Effort:
If the Department approves the termination of a DBE, the contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE. The good faith efforts as identified in DBE Subsection 15.0 shall be directed at finding another DBE to perform at least the same amount of work under the contract as the DBE that was terminated, to the extent needed to meet the contract goal. If a replacement DBE is not identified for the original DBE’s work, the good faith efforts shall be documented and provided to the Department within seven calendar days from the date the Department approves the termination. The Department will review when the termination was made, the nature of the efforts to replace the terminated DBE, and other factors as determined by BECO.
A prime contractor’s inability to find a replacement DBE at the original price is not alone sufficient to support a finding that good faith efforts have been made to replace the original DBE. The fact that the contractor has the ability and/or desire to perform the contract work with its own forces does not relieve the contractor of the obligation to make good faith efforts to find the replacement DBE, and it is not a sound basis for rejecting a prospective replacement DBE’s reasonable quote.
The termination of a DBE firm shall not relieve the contractor of its obligations under this Special Provision, and the unpaid portion of the terminated DBE firm’s subcontract will not be counted toward the DBE goal.
If the Department has eliminated items of work subcontracted to a committed DBE, the prime contractor shall still make good faith efforts to replace the DBE with another DBE to the extent necessary to meet the goal. The Department will review the quality, thoroughness, and intensity of those efforts and give consideration to when the change was made, the nature of the change, and other factors as determined by BECO.
When a DBE substitution is necessary, the contractor shall submit an amended DBE Intended Participation Affidavit and Intended Participation Affidavit Summary to BECO for approval with the substitute DBE’s name, description of work, NAICS code, AZ UTRACS registration number, and dollar value of work to the Engineer and the Department’s BECO. Approval from BECO must be obtained prior to the substituted DBE beginning work.
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24.06 Sanctions:
Failure by the contractor to carry out the requirements of the Department’s DBE Termination/Substitution specifications is a material breach of contract and will result in such remedies as the Department deems appropriate, which will include, but are not limited to the assessment of liquidated damages. The Department will deduct from monies due or becoming due to the contractor, the dollar amount of the wrongfully substituted/replaced DBE subcontract plus 25 percent of the amount remaining to be paid to the DBE as liquidated damages. These liquidated damages shall be in addition to all other retention or liquidated damages provided for elsewhere in the contract.
In determining whether liquidated damages will be assessed, the extent of the liquidated damages, or additional remedies assessed, the State Construction and Materials Engineer will consider whether there have been other violations on this or other contracts, whether the failure by the contractor to carry out the requirements of the Department’s DBE Termination/Substitution was due to circumstances beyond the contractor’s control, and other circumstances.
25.0 Certification of Final DBE Payments:
The contractor’s achievement of the goal is measured by actual payments made to the DBEs. The contractor shall submit the “Certification of Final DBE Payments form for each DBE firm working on the contract. This form shall be signed by the contractor and the relevant DBE, and submitted to the Engineer no later than 30 days after the DBE receives final payment.
ADOT will use this certification and other information available to determine applicable DBE credit allowed to date by the contractor and the extent to which the DBE firms were fully paid for that work. By the act of filing the forms, the contractor acknowledges that the information is supplied in order to justify the payment of state and federal funds to the contractor.
The contractor will not be released from the obligations of the contract until the “Certification of Final DBE Payments” forms are received and deemed acceptable by the Engineer and BECO.
26.0 Sanctions for Not Meeting Contract DBE Goal:
If the Department determines that the contractor has, without justification, not met the established DBE goal the Department will, at its discretion, deduct up to two times the amount of the unattained portion of established DBE goal from monies due or becoming due the contractor as liquidated damages, based on the circumstances of the noncompliance.
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In determining whether liquidated damages will be assessed and the amount of the liquidated damages, the State Construction and Materials Engineer will consider whether there have been other violations on this or other contracts, whether the failure was due to circumstances beyond the control of the contractor, whether the contractor has made good faith efforts to meet the goal, and other appropriate circumstances. The contractor may, within 15 calendar days of receipt of the decision of the State Construction and Materials Engineer, escalate the decision to the State Engineer. If the contractor does not escalate the decision of the State Construction and Materials Engineer, in writing, within 15 calendar days of receipt of the decision, the contractor will be deemed to have accepted the decision and there will be no further remedy for the contractor. If the contractor escalates the decision to the State Engineer, and the contractor does not agree with the State Engineer’s decision, the contractor may initiate litigation, arbitration or mediation pursuant to Subsection 105.21(D) and (E) of the Standard Specifications.
In addition to any other sanctions, willful failure of the contractor, DBE or other subcontractor to comply with this contract or with the Federal DBE regulations may result in disqualification from further contracting, subcontracting, or other participation in the Department’s projects.
27.0 False, Fraudulent, or Dishonest Conduct:
In addition to any other remedies or actions, the Department will bring to the attention of the US Department of Transportation any appearance of false, fraudulent, or dishonest conduct in connection with the DBE program, so that USDOT can take steps such as referral to the Department of Justice for criminal prosecution, referral to the USDOT Inspector General for possible initiation of suspension and debarment proceedings against the offending parties or application of “Program Fraud and Civil Penalties” rules provided in 49 CFR Part 31.
GENERAL REQUIREMENTS:
Availability of Documents:
The following project documents will be available in electronic format on the Contracts and Specifications website:
Project Plans Special Provisions Proposal Pamphlet Cross Sections Earthwork Quantity Sheets Reports (if available) Existing Ground Digital Terrain Model (DTM) Design Ground Digital Terrain Model (DTM)
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The project plans, special provisions, proposal pamphlet, cross sections, earthwork quantity sheets, and any applicable reports are provided in PDF format. The Department makes no representation or warranties as to the compatibility, usability, or readability of the PDF documents with any system, software, hardware, or application package other than that on which the files were originally saved. The contractor bears the sole risk of any modifications, manipulations, or alterations to the plans, special provisions, proposal pamphlet, and any applicable reports.
The existing ground DTM and the design DTM, if applicable, are provided as DGN files. They are provided for information purposes and contractor convenience only. The DTMs are not part of the contract documents. The contractor’s use of the information in the DTMs is at the contractor’s sole risk. The Department makes no representation or warranties as to the compatibility, usability, or readability of the DTMs with any system, software, hardware, or application package other than that on which the files were originally prepared. The version of Microstation used to save the DTMs is indicated at http://www.azdot.gov/business/engineering-and-construction/CADD.
The Department is providing the electronic project files to bidders for informational purposes in conjunction with work or services to be provided to the Department under this project. Any use of the electronic files for any purposes other than for this project is prohibited.
Cargo Preference Act:
1.0 Description
The Federal Highway Administration (FHWA) in partnership with the Federal Maritime Administration has mandated the implementation of 46 CFR 381 making the requirements of the Cargo Preference Act (CPA) applicable to the Federal Aid Highway Program.
The requirements apply to items transported by ocean vessel.
The requirements of 46 CFR 381 apply to materials or equipment acquired for a specific federal-aid highway project. In general, the requirements are not applicable to goods or materials that come from inventories independent of FHWA-funded contracts.
Information related to the CPA is presented in “Cargo Preference Requirements – Questions and Answers” available from the FHWA at htps://www.fhwa.dot.gov/construction/cqit/cargo/qa.cfm.
2.0 Contract Requirements
The contractor shall comply with the requirements of the Cargo Preference Act 46 CFR 381.7(a)-(b). By executing a construction contract for this project, the contractor agrees:
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(1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels.
(2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, ‘on-board’ commercial ocean bill-of-lading in English for each shipment of cargo described in the paragraph above to both the Engineer and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
BLM Material Sources:
If the contractor elects to pursue the use of material sources on BLM land under Title 30 Code of Federal Regulations, it is at the contractor’s sole risk, and the Department bears no responsibility for any delays or costs associated with the request to use material sources on BLM Land.
The Department will not request or pursue any “free-use permit” under Title 23 Code of Federal Regulations or any other arrangement with BLM on this project.
No extension in contract time or compensation will be granted for any attempt by the contractor to utilize BLM land.
Seeding Maintenance Period
Item 8050003, SEEDING (Class II), includes a 45 calendar-day maintenance period for each area on which seeding is required. The contractor shall schedule its work activities to ensure that all areas requiring seed are completed in time to allow the 45 calendar-day maintenance stage to be finalized prior to final acceptance.
No time extension will be granted for failure to complete the 45 calendar-day maintenance period prior to final acceptance.
Erosion / Sediment Control and Stormwater Quality
The contractor shall give attention to the impact of the construction operations upon natural landscape, and shall take care to maintain natural surroundings undamaged. The contractor shall minimize soil disturbance by implementing Low Impact Development (LID) methods to control erosion as close as possible to the source of disturbance.
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The contractor shall maintain the independence of discrete locations of construction by accessing through the paved area only. In addition, the contractor shall minimize off- pavement (off-road) soil/ground disturbance at each discrete construction location to ensure disturbance is less than one-acre (< 1 acre). No unpaved temporary construction roads shall be created to directly connect discrete locations of soil/ground disturbance. If the contractor reaches or exceeds one-contiguous-acre ( ≥ 1 contiguous acre ) permit threshold above/outside the Jurisdictional Waters of the U.S. during construction, the contactor shall include and conform to the instructions of 104SWDEQ Stored Specifications, as well as Arizona Pollutant Discharge Elimination System (AZDES) at no additional cost to the Department.
The contractor shall use all means necessary to significantly reduce impacts by staging/stockpiling and carrying out project activities in such a way as to minimize the potential for erosion and discharge of pollutants from the project site. In addition to what is shown in the plans and/or details, the contractor shall apply perimeter/containment control Wattle Best Management Practices (BMPs) or temporary stormwater quality Control Measures (CMs) on the down-slope perimeter of construction disturbed areas, unpaved on-site staging/storage, and unpaved on-site stockpiling at no additional cost to the Department. The contractor shall also apply wattles parallel to the slope contours and beyond the toe of new guardrail end treatment pad slopes. To prevent sediment from bypassing the perimeter control BMP/CM end, the end of the BMP/CM shall be turned up the slopes for a minimum of three (3) feet to form an “L” shape. No portion of the BMPs/CMs shall be installed within six (6) feet from the edge of the pavement. BMPs/CMs shall not be placed over any driveways or access roads that intersect with the roadway mainline. Unless otherwise called out in the plans/details and approved by the Engineer, such BMPs/CMs shall not be placed on the flow path of inlets and outlets of drainage facilities. All BMPs/CMs shall be installed in accordance with the manufacturer’s instructions. Moreover, perimeter/containment control BMPs/CMs shall be applied outside and above adjacent wetlands, as well as water courses. The contractor shall adjust the field layout of erosion control and sediment prevention elements according to the actual limits of soil/ground disturbance as approved by the Engineer. The contractor shall also observe ADOT traffic safety standards when installing perimeter/containment control BMPs/CMs in the traffic clear zone/recovery area.
With the approval of the Engineer, the contractor may choose to replace straw/excelsior Wattles/Logs with equivalent or enhanced BMP/CM products of compost Logs/Wattles, bio- socks, filter socks, compost socks, or compost tubes covering reinforced geotextile fabric as the outer layer at no additional cost to the Department. Such replacement may be applicable to protect sensitive biological resources (native species and/or habitats) within the project limit or its vicinity. For paved or rocky surface, the compost perimeter/containment control and stormwater quality protection BMPs/CMs shall have enough weight so that no staking shall be required for flat construction zones, and gentle slopes of less than five percent (5%). The equivalent compost BMP/CM products stated above shall demonstrate same or better stormwater pollutants loading/filtering capacities as well as qualities in comparison with straw/excelsior Wattles/Logs. All fabric materials of
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Compost material used for perimeter/containment control and stormwater quality protection BMPs/CMs shall not discharge harmful pollutants/nutrients that impair stormwater quality. The Engineer shall randomly sample/exam a minimum of three (3) compost-filled BMPs/CMs by opening the outer fabric layer. Non-compost materials such as: animal manures/wastes, city biosolids, rocks, tree barks, unspecified wood chips, construction debris, soil clumps, and/or other unspecified inert material shall NOT be allowed within the compost BMP/CM products.
Wattles/logs, silt fences, bio-socks, filter socks, compost socks, or compost tubes shall be deemed as temporary stormwater quality CMs/BMPs. The non-biodegradable and/or non- photodegradable components of such temporary CMs/BMPs shall be removed when the project site has achieved stabilization as approved by the Engineer.
The contractor is responsible to maintain the functional longevity and good working condition of all temporary stormwater quality protection CMs/BMPs during the entire contract time. No separate measurement or direct payment will be made for the maintenance and/or replacement of such temporary CMs/BMPs to assure manufacturer- specified functionality; the cost being considered is included in the price of the respective contract items.
All Rock Mulch and Rock Riprap used for erosion/sediment control shall be placed and shaped as shown on the CMs/BMPs’ plans/details. Rock Mulch/Riprap materials shall be fractured/crushed rocks in angular shape and as defined in the Section 810 / 913 of Standard Specifications. Unless otherwise called out in the plans/details/estimates or as directed by the Engineer, natural river-run materials, especially the rounded natural river rocks/cobblestones and pebbles are not acceptable. The color of Rock Mulch and Rock Riprap shall be harmonized with the natural surrounding rock/inert artificial existing ground cover material as approved by the Engineer in accordance with ADOT construction Professional Landscape Architect’s (PLA’s) evaluation.
During construction, the contactor shall minimize vehicular travel or equipment operation on the unpaved soil areas to maximum extent practicable (MEP). The contractor shall develop and implement procedures to avoid earth disturbance, soil compaction, and damage to vegetative cover from vehicular travel or equipment operation during inclement weather or unsuitable soil conditions. The contractor shall stabilize all construction disturbed soil areas at no additional cost to the Department. Furthermore, the contractor shall minimize off-site sedimentation including minor miscellaneous dirt, dust, rock fragments or construction debris by eliminating the tracking of such contaminates from construction sites.
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No grout, concrete or wash water shall be disposed within the project limits or its vicinity. The contractor shall install concrete washout CM/BMP as needed and under the direction of the Engineer at no additional cost to the Department. This CM/BMP shall include proper disposal of all excess grout, concrete, and wash water.
The contractor shall not use unpaved areas within the project limits for staging or stockpiling without first installing erosion control and sediment prevention CMs/BMPs and as directed and approved by the Engineer. Staging and stockpiling on the unpaved areas shall be avoided to MEP.
Erosion/Sediment Control Beyond the Project Limits
The contractor shall apply erosion/sediment and water quality protection CMs/BMPs as required by the commercial material source owner and environmental permit standard at no additional cost to the Department.
The contractor shall apply erosion/sediment and water quality protection CMs/BMPs for off- project-site staging, material storage, maintenance yard, disposal spots, and stockpiling areas as required by the facility owner and environmental permit standard at no additional cost to the Department.
If the contractor elects to obtain off-project sites for staging, stockpiling, material storage, maintenance yard, or waste disposal, the contractor shall meet the requirements for erosion/stormwater quality control within the written agreements with facility/land owner, as well as environmental permits for such operations.
Coordination with Other Projects:
The contractor shall coordinate the work, traffic control and scheduling with any other adjacent projects that are underway to avoid delays and conflicts.
Work Hour Restrictions:
No construction work will be allowed on and during the following holiday periods, unless otherwise approved by the engineer.
Holiday Start Date End Date
Labor Day September 4, 2020 September 8, 2020 Columbus Day October 12, 2020 October 13, 2020 Veteran's Day November 11, 2020 November 12, 2020 Thanksgiving Day November 25, 2020 November 30, 2020 Christmas Day December 24, 2020 December 28, 2020 New Year's Day December 31, 2020 January 4, 2021 Civil Rights Day January 18, 2021 January 19, 2021
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Holiday periods are from 6:00 pm of the last working day prior to the holiday start date through 6:00 am of the holiday end date. The contractor shall plan his construction operations accordingly.
The contractor shall maintain all traffic lanes on all holidays and as directed by the Engineer. During work periods, the contractor shall maintain a minimum of one lane of traffic in each direction on each roadway.
Access Road, Stock Pile And Staging Area:
There will be no separate measurement or payment for preparation of the access road, stockpile and staging areas.
At the end of construction, the contractor shall restore the access road, staging and stockpile areas to their original condition. The contractor shall scarify the staging and stockpile areas and abandoned access road to 12 inches in depth. There will be no measurement or payment for this work, the cost being considered to be included in other contract items.
Environmental Mitigation Requirements:
The project mitigation measures are not subject to change without written approval from ADOT Environmental Planning. The Contractor shall follow all the requirements of the permits specified herein and comply with the project specifications.
All disturbed soils not paved that will not be landscaped or otherwise permanently stabilized by construction will be seeded using species native to the project vicinity.
The contractor shall develop a Noxious and Invasive Plant Species Treatment and Control Plan in accordance with the requirements in the contract documents. Plants to be controlled shall include those listed in the State and Federal Noxious Weed and the State Invasive Species list in accordance with State and Federal Laws and Executive Orders. The plan and associated treatments shall include all areas within the project right of way and easements as shown on the project plans. The treatment and control plan shall be submitted to the Engineer for the Arizona Department of Transportation Construction and Professional Landscape Architect for review and approval prior to implementation by the contractor
Prior to the start of ground-disturbing activities, the contractor shall arrange for and perform the control of noxious and invasive species in the project area
To prevent the introduction of invasive species seeds, the contractor shall inspect all earthmoving and hauling equipment at the storage facility. All vehicles and equipment shall be washed and free of all attached plant/vegetation and soil/mud debris prior to entering the construction site.
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To prevent invasive species seeds from leaving the site, the contractor shall inspect all construction equipment and remove all attached plant/vegetation and soil/mud debris prior to leaving the construction site.
Listed fish species and native frogs shall be removed from the work area prior to any in-water work activities. Fish exclusion activities will be performed under the direction of a qualified and permitted biologist provided by the Department.
No work shall be conducted in flowing surface water unless fish exclusion measures are being implemented.
All concrete shall be poured in the dry channel or within confined waters not being dewatered to surface waters and shall be allowed to cure for at least 24 hours before contact with surface water is allowed.
The contractor shall stop work immediately and inform the Engineer if surface flows enter the in-water work area at any time following the initial isolation or diversion activities. The Engineer will arrange for fish and native frog exclusion and relocation per the US Fish and Wildlife Service–approved plan before allowing work to commence again.
Water shall not be withdrawn from the Little Colorado River for construction purposes.
Prior to initiation of construction activities, all personnel who will be on-site, including, but not limited to, the contractor, contractors’ employees, supervisors, inspectors, and subcontractors shall review the attached Arizona Department of Transportation Environmental Planning “Identifying the New Mexican Meadow Jumping Mouse” pamphlet. (See Appendix B)
The contractor shall follow all herbicide label requirements.
The contractor shall only use those herbicides labeled for use to the edge of bodies of water or with aquatic labeling within application buffer zones.
During application of imazapyr (aquatic), the contractor shall establish a buffer zone of 30 feet between the area of application and the river for spot applications, 350 feet for mechanized ground applications, and 300 feet for mechanized ground applications when a steady wind of at least 3 mph is blowing away from the body of water. This applies to 1 mile upstream in any contributing channel, tributary, or spring run, and 300 feet downstream of any habitat.
During application of glyphosate (aquatic), the contractor shall establish a buffer zone of 30 feet between the area of application and the river for spot applications, 350 feet for mechanized ground applications, and 300 feet for mechanized ground
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applications when a steady wind of at least 3 mph is blowing away from the body of water. This applies to 1 mile upstream in any contributing channel, tributary, or spring run, and 300 feet downstream of any habitat.
The contractor shall use the lowest pressure, largest droplet size, and the largest volume of water permitted by the label to obtain adequate treatment success of herbicides.
The contractor shall not perform broadcast applications of glyphosate and other broad-spectrum herbicides within the project limits.
The contractor shall follow the recommended general protection measures from White (2007).
Within 200 feet of the ordinary high water mark of the Little Colorado River, the contractor will apply herbicide using hand-wand backpack equipment using liquid streams or relatively coarse sprays to minimize spray drift.
If any burrowing owls are located during construction, the contractor shall stop work at that location and notify the Engineer immediately. The Engineer will contact the Arizona Department of Transportation Environmental Planning biologist at (602.712.6819 or 602.712.7767) to determine whether the owls can be avoided or must be relocated. If owls must be relocated, the Arizona Department of Transportation will employ a biologist holding a permit from the US Fish and Wildlife Service to relocate burrowing owls from the project area, as appropriate.
The contractor shall not cause injury or death to swallows, including eggs and nestlings. If work will occur that will directly impact nesting swallows from February 1 to August 31 of any calendar year the contractor shall adhere to the following:
o The contractor shall completely remove all existing swallow nests within 100 feet of work areas after August 31 but prior to February 1 to prevent swallows from reusing those nests.
o The contractor shall implement exclusionary measures to prevent swallows from building new nests within areas directly impacted by construction activities. Exclusionary measures shall be implemented in all areas where swallows are likely to nest, and may include (a) continually removing nesting materials during early nest construction when eggs or nestlings are not present, (b) installing exclusionary netting (wire or plastic mesh 0.75 inch or less in diameter), (c) installing deterrent spike strips, and/or (d) installing polytetrafluoroethylene (Teflon) sheeting
o The contractor shall not disturb any active swallow nests (completed or partially completed nests that contain eggs or nestlings). If any active nest is
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discovered within 100 feet of construction activities, work shall stop and the Arizona Department of Transportation Environmental Planning biologist shall be contacted (602.622.9622 or 602.712.6819) to evaluate the potential for disturbance of nests.
o The contractor shall monitor and maintain the effectiveness of exclusionary measures daily. Netting shall be maintained such that it remains in place without any loose areas or openings that could trap and/or entangle birds. Spike strips shall be maintained such that they remain in place. Teflon sheeting shall be reapplied as often as necessary to remain effective.
If swallow exclusion measures fail, the contractor shall:
o Inform the Engineer as soon as swallow nest building occurs and determine whether the area can be avoided until nests are no longer active
o Hire a qualified biologist to survey bird nests within 100 feet of construction areas and provide a report to the Environmental Planning biologist (602.622.9622 or 602.712.6819) with the number of affected nests for each species of bird. The resume for the selected biologist shall be approved by the Engineer in coordination with the ADOT Biologist prior to conducting the survey.
o Determine whether to wait for the nestlings to fledge or apply for a US Fish and Wildlife Service Migratory Bird Treaty Act Special Purpose permit from the USFWS Regional office in Albuquerque, New Mexico.
o If the permit is approved, hire a wildlife rehabilitator licensed by USFWS to relocate and rehabilitate all affected eggs or nestlings.
o Any costs incurred as a result of delays related to failure of swallow exclusion measures, including waiting until the nests are not active and/or time required to obtain a Migratory Bird Treaty Act relocation permit and the eggs or nestlings to be relocated from the work area shall be the contractor’s responsibility.
o If vegetation clearing will occur during the migratory bird breeding season (March 1–August 31), the contractor shall avoid any active bird nests. If the active nests cannot be avoided, the contractor shall notify the Engineer to evaluate the situation. During the non-breeding season (September 1– February 28) vegetation removal is not subject to this restriction.
The contractor shall complete a National Standards for Hazardous Air Pollutants (NESHAP) notification for the work associated with the box culvert and submit to the Engineer, who shall submit it to the Arizona Department of Transportation environmental planning hazardous material coordinator (602.920.3882 or 602.712.7767) for a five (5) working day review and approval. Upon approval, the
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contractor shall file the notification with the Arizona Department of Environmental Quality at least ten (10) working days prior to the commencement of work associated with the box culvert extension work.
(101ABRV, 03/15/18)
SECTION 101 DEFINITIONS AND TERMS:
101.01 Abbreviations: of the Standard Specifications is modified to add:
ARPA Arizona Rock Products Association
IFI International Fasteners Institute
ISO International Organization for Standardization
ISSA International Slurry Surfacing Association
NICET National Institute for Certification in Engineering Technologies
NEC National Electrical Code
NRMCA National Ready Mixed Concrete Association
NSPS National Society of Professional Surveyors
NTPEP National Transportation Product Evaluation Program
PPI Plastic Pipe Institute
SSPC Society for Protective Coatings
(101DEFN, 02/22/16)
SECTION 101 DEFINITIONS AND TERMS:
101.02 Definitions:
Bidding Schedule: of the Standard Specifications is revised to read:
The prepared schedule containing the estimated quantities of the pay items for which unit bid prices are invited. Working Day: of the Standard Specifications is revised to read:
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A day, exclusive of Saturdays, Sundays and State-recognized holidays, beginning at midnight, extending for a twenty-four hour period, and ending at midnight. Any Saturday, Sunday, or State-recognized holiday on which the contractor has been approved to work will also be counted as a working day. Working days on which weather conditions do not permit work on the project to proceed, as determined by the Engineer, will not be charged.
(102PREQ, 07/10/19)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
102.02 Prequalification of Bidders: the title and text of the Standard Specifications is revised to read:
102.02 Prerequisites for Bidding:
(A) General:
To submit a valid bid, the bidder must:
(1) have prequalification from the Department as necessary for the project, in accordance with paragraph (B) of this Subsection, and
(2) be included on the project Plansholder List as a Prime in accordance with paragraph (C) of this Subsection.
(B) Prequalification of Bidders:
Prior to submitting a bid, the bidder will (unless waived by the Department) be required to be prequalified with the Department to bid on the project. The submission of Prequalification information and determination of Prequalification shall be in accordance with the requirements of the Rules for Prequalification of Contractors as approved and adopted by the Department.
(C) Plansholder List:
It is the bidder’s responsibility to ensure that their firm is on the Plansholder List as a Prime prior to submitting a bid.
Firms can register electronically requesting placement on the project Plansholder List as either a Prime or Subcontractor/Vendor as follows:
(a) Go to the C&S Website. (b) Select “Current Advertisements”.
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(c) Identify the project of interest.
(d) Click on the “Register” icon.
(e) Select the “Bidder” or “Subcontractor/Vendor” radio button.
(f) Complete all required fields.
(g) Click “Save”. This submits the request to the Department.
(h) If all required information is provided, the “ADOT C&S Advertisement Registration Confirmation Screen” will appear. An email will also be sent to the email address provided acknowledging the request.
Requests to be included on the Plansholder List as a Prime will be evaluated by the Department to determine whether the bidder is prequalified for the project. The Department cannot guarantee that requests to be on the Plansholder List will be considered if the request is submitted less than five working days prior to the bid opening. The Department will send an email to the email address provided notifying the contractor of the results of their request.
The Department’s email will state whether the request was approved or denied. More information regarding the Department’s decision may be obtained by contacting the Contracts and Specifications Section. If an individual from a firm submits a duplicate request to be placed on the Plansholder List, the request will be denied. The Department will register the contact person listed on the duplicate request to receive email notices of updates to the project. The Department will send an email to the email address provided notifying the contractor of the results of their request.
(D) Registration for Notifications:
Firms on the Plansholder List as a Prime or a Subcontractor/Vendor will receive notification of any changes to the project. Other interested parties can register electronically to receive email notification of any changes to the project as follows:
(a) Go to the C&S Website.
(b) Select “Current Advertisements”.
(c) Identify the project of interest.
(d) Click on the “Register” icon.
(e) Select the “Other” radio button.
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(f) Select the “Yes” radio button in response to “Are you interested in registering to be notified about any changes made to this advertisement?”
(g) Complete all required fields.
(h) Click “Save”. This submits the request to the Department.
(i) If all required information is provided, the “ADOT C&S Advertisement Registration Confirmation Screen” will appear. An email will also be sent to the email address provided acknowledging the request.
All parties registering to receive notifications will be sent an email when changes are made to the project.
(102NOBID, 09/19/12)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS:
102.03 Suspension from Bidding: of the Standard Specifications is revised to read:
The Department may suspend any person and any subsidiary or affiliate of any person from further bidding to the Department and from being a subcontractor or a supplier or otherwise participating in the work:
(A) If that person or any officer, director, employee or agent of that person is convicted, in this State, or any other jurisdiction, of a crime involving any of the following elements or actions:
(1) Entering into any contract, combination, conspiracy or other unlawful act in restraint of trade or commerce;
(2) Knowingly and willfully falsifying, concealing, or covering up a material fact by trick, scheme, or device;
(3) Making false, fictitious, or fraudulent statements or representations;
(4) Making or using a false writing or document knowing it to contain a false, fictitious, or fraudulent statement or entry;
(5) Misrepresentation or false statement on any application for bonding;
(6) Misrepresentation or false statement on any application for prequalification; or
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(B) If the Department makes a finding of any of the above or finds that the contractor is not a Responsible Bidder or a Responsible Contractor.
(C) If the Department determines that a contractor, subcontractor, or supplier has repeatedly or willfully failed to comply with federal or state immigration laws.
Under this subsection, a person means any individual, partnership, joint venture, corporation, association or other entity formed for the purpose of doing business as a contractor, subcontractor or supplier.
The signature of the bid proposal by a bidder constitutes the bidder's certification, under penalty of perjury under the laws of the United States, that the bidder, or any person associated therewith in the capacity of owner, partner, director, officer, principal investor, project director, manager, auditor, or any position involving the administration of federal funds, has not been, or is not currently, under suspension, debarment, voluntary exclusion or been determined ineligible by any federal agency within the past three years. Signature of the bid proposal also certifies, under penalty of perjury under the laws of the United States, that the bidder does not have a proposed debarment pending. In addition, signature of the bid proposal certifies that the bidder has not been indicted, convicted, or had a civil judgment rendered against (it) by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
Any exceptions to the above paragraph shall be noted and fully described on a separate sheet and attached to the bid proposal.
(102PRPMT, 07/10/19)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS:
102.04 Contents of Proposal Pamphlet: of the Standard Specifications is revised to read:
The proposal pamphlet will state the location and description of the contemplated construction and will show the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished and will have a schedule of items for which unit bid prices are invited. The proposal pamphlet will state the time in which the work must be completed, the type and amount of the proposal guaranty and the date, time and place of the opening of proposals. The pamphlet will also include any Special Provisions or requirements which vary from or are not included in the Standard Specifications. Additional contract documents applicable to the specific project are listed in the Special Provisions.
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(102ISSPSL, 07/10/19)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS:
102.05 Issuance of Proposals: of the Standard Specifications is revised to read:
The Department reserves the right to refuse to accept bids for any of the following reasons:
(A) Lack of competency or adequate machinery, plant and other equipment, as revealed by the financial statement and experience questionnaires required under Subsection 102.02.
(B) Incomplete work which, in the judgment of the Department, might hinder or prevent the prompt completion of additional work if awarded.
(C) Failure to pay or settle satisfactorily all bills due for work on other contracts.
(D) Failure to comply with any qualification regulations of the Department.
(E) Default under previous contracts.
(F) Unsatisfactory performance on previous work.
(G) Entering into any contract, combination, conspiracy, or other unlawful act in restraint of trade or commerce.
(H) Knowingly and willfully falsifying, concealing, or covering up a material fact by trick, scheme, or device.
(I) Making false, fictitious, or fraudulent statements or representations.
(J) Making or using a false writing or document knowing it to contain a false, fictitious, or fraudulent statement or entry.
(K) Misrepresentation or false statement on any application for bonding.
(L) Misrepresentation or false statement on any application for prequalification.
(M) Lack of sufficient ability or integrity to complete the contract.
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(102EXAM, 07/10/19)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
102.07 Examination of Plans, Specifications and Site of Work: the second paragraph of the Standard Specifications is revised to read:
Project plans, special provisions, proposal pamphlets, and other project documents, if available, will be provided in electronic format, at no charge, on the Contracts and Specifications website. Any interested party can access the advertised project documents.
(102PROP, 08/02/19)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS
102.08 Preparation of Proposal: of the Standard Specifications are revised to read:
(A) General:
The bidder shall prepare and submit its proposal using Department-furnished bid preparation software.
Proposals shall be prepared and submitted in accordance with the requirements of Subsection 102.08(B).
The bidder shall submit their proposal using the electronic bid process described herein.
When an item in the proposal contains a choice to be made by the bidder, the bidder shall indicate a choice in accordance with the specifications for that particular item and after the bid opening no further choice will be permitted.
(B) Electronic Submittal:
(1) General:
In order to submit a bid electronically, a firm must have obtained a bidder identification number from the Department, at the office of Contracts and Specifications, 1651 W. Jackson Street, Room 121F, Phoenix, AZ 85007, phone (602) 712-7221.
In addition, bidders must subscribe to Bid Express, an online bidding service, and obtain a digital signature. Bid Express can be reached at www.bidx.com, phone (352) 381-4888. The bidder shall also download and install a copy of the AASHTOWare Project BidsTM Bid Component from the internet at the Bid Express website. The version of the software
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In order to obtain a digital signature, bidders shall be required to name at least one responsible person who shall be authorized to commit the firm to the terms and conditions specified in the Proposal and the contract documents.
The bidder shall download the electronic copy of the project EBSX file, listed as an AASHTOWare Project BidsTM Data File on the Bid Express website. The file includes a schedule of items folder containing the bid schedule, and a miscellaneous folder containing the proposal and attachments. The bidder shall review the proposal and complete the bidding schedule, as specified herein, and the attachments.
The bidder shall specify a unit price for each pay item for which a quantity is given in the bidding schedule. The software will automatically produce the extended amount, as the product of the quantity given and the specified unit price. Unit prices shall be stated in whole cents.
The bidder shall also download all addenda issued and update the project file accordingly. The bidder shall be responsible to verify that all addenda issued prior to the bid opening have been included in its submittal.
The bidder shall be responsible for the successful submission of its electronic bid prior to the time specified for submission of bids. Bids submitted after the specified time will not be accepted. The bidder agrees that the Department bears no liability resulting from the bidder's failure to successfully submit an electronic bid.
(2) Procedure for Missing Bids:
If a bidder believes that its electronically submitted bid should have been read at the bid opening but was not read, the bidder shall notify the Department of the apparent irregularity and provide its bid receipt for the bid in question no later than three hours after the time specified for submission of bids.
Upon proper notification of a missing bid by a bidder, the Department will notify all bidders that a missing bid has been reported. The Department will begin an investigation to determine the status of the bid, and will review all electronic bids received from Bid Express.
The Department will direct Bid Express to review their records and determine whether the missing bid was submitted. Bid Express will make a determination about receipt of the bidder’s missing bid.
If necessary, Bid Express will attempt to retrieve a copy of the encrypted bid from the bidder’s computer.
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The Department will authorize Bid Express to send the Department a program which will enable the encrypted bid to be opened and processed.
If the Department determines that a bid cannot be recovered, the Department will notify all bidders of its determination.
If a missing bid is recovered, the Department will determine the validity of the bid, and may award the contract to the bidder submitting the missing bid if appropriate. The Department will notify all bidders.
(102NCOL, 07/10/19)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS:
102.09 Non-Collusion Certification: of the Standard Specifications is revised to read:
By submission of its bid electronically, the bidder makes the certification stated in the following paragraph, binding as if it had been signed by the bidder.
The bidder certifies that, pursuant to Subsection 112(c) of Title 23, United States Code and Title 44, Chapter 10, Article 1 of the Arizona Revised Statutes, neither it nor anyone associated with the company, firm, corporation, or individual has, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid.
(102LOBY, 10/01/90)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS:
102.09 Non-Collusion Certification: of the Standard Specifications is modified to add: (A) Lobbying:
The bidder certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
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the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract grant, loan, or cooperative agreement.
(2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Copies of Form-LLL, "Disclosure Form to Report Lobbying", are available at ADOT Contracts and Specifications Services, 1651 W. Jackson, Room 121F, Phoenix, AZ 85007.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The bidder also agrees, by submitting his or her bid or proposal, that he or she shall require that the language of this certification be included in all subcontracts and lower tier subcontracts which exceed $100,000 and that all such subcontractors and lower tier subcontractors shall certify and disclose accordingly.
The Department will keep the prime contractors' certifications on file as part of their original bid proposals. Each prime contractor shall keep individual certifications from all subcontractors and lower tier subcontractors on file. Certifications shall be retained for three years following completion and acceptance of any given project. Disclosure forms for the prime contractor shall be submitted to the Engineer at the pre-construction conference. Disclosure forms for subcontractors and lower tier subcontractors shall be submitted to the Engineer by the prime contractor along with the submittal of each subcontract or lower tier subcontract, as required under Subsection 108.01, when said subcontracts exceed $100,000.00. During the performance of the contract the prime contractor and any affected subcontractors shall file revised disclosure forms at the end of each calendar year quarter in which events occur that materially affect the accuracy of any previously filed disclosure form. Disclosure forms will be submitted by the Engineer to the Federal Highway Administration for further processing.
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(102IRPSL, 07/10/19)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS:
102.10 Irregular Proposals: Item (A) of the Standard Specifications is revised to read:
(A) Proposals may be considered irregular and may be rejected for any of the following reasons:
(1) If there is a submission of any kind which may tend to make the proposal incomplete, indefinite or ambiguous as to its meaning.
(2) If the bid is mathematically unbalanced.
(3) If the bid is materially unbalanced. 102.10 Irregular Proposals: Item (B) of the Standard Specifications is revised to read:
(B) Proposals will be considered irregular and will be rejected for any of the following reasons:
(1) If the bidder is not on the project Plansholder List as a Prime.
(2) If the bidder or surety fails to provide a proposal guaranty as specified in Subsection 102.12.
(3) If the bidding schedule does not contain a unit price for each pay item listed except in the case of authorized alternate pay items.
(4) If the bidder fails to meet the required goal for Disadvantaged Business Enterprises (DBE) established in the Special Provisions or show good faith effort as determined by the Department.
(102PROPGW, 07/10/19)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS:
102.11 Delivery of Proposals: the title and text of the Standard Specifications is revised to read:
102.11 Blank:
102.12 Proposal Guaranty: of the Standard Specifications is revised to read:
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The bidder shall provide a proposal guaranty payable to the Arizona Department of Transportation for 10 percent of the amount of the bid.
The surety (bid) bond shall be executed by the bidder and a surety company or companies holding a certificate of authority to transact surety business in this State issued by the Director of the Department of Insurance. The agent for the surety shall be licensed to act as an insurance agent in Arizona.
Bidders shall provide an electronic proposal guaranty as described herein.
Two companies have established web-based surety processing procedures with Bid Express: Surety 2000 (www.surety2000.com) and Sure Path Network (www.insurevision.com). Bidders may contact these companies for additional information and requirements on electronic proposal guaranty.
102.13 Withdrawal of Proposals:
(A) General: of the Standard Specifications is revised to read:
A bidder may withdraw its submittal at any time prior to the time specified for submission of bids, provided that the bidder withdraws such bid electronically.
(102BOI, 09/26/16)
SECTION 102 BIDDING REQUIREMENTS AND CONDITIONS:
102.17 Boycott of Israel: is hereby added to the Standard Specifications: All bidders are required to certify in their bid proposal on the “Participation in Boycott of Israel Certification” form either:
(1) The bidder does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with ARS 35-393.01, or
(2) The bidder does participate in a boycott of Israel as defined in ARS 35-393.01.
The Department will not award the contract unless the bidder makes the certification described in subparagraph (1) of this Subsection.
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(103RSBTY, 02/22/16)
SECTION 103 AWARD AND EXECUTION OF CONTRACT:
103.03 Responsibility: the third paragraph of the Standard Specifications is revised to read:
Non-responsibility may also be found for any of the following reasons:
(A) Anti-competitive acts;
(B) Lack of competency and adequate machinery, plant and other equipment, as revealed by the financial statement and experience questionnaires required under Subsection 102.02;
(C) Incomplete work which, in the judgment of the Department, might hinder or prevent the prompt completion of additional work if awarded;
(D) Failure to pay or settle satisfactorily all bills due for work on other contracts;
(E) Failure to comply with any qualification regulations of the Department;
(F) Default under previous contracts;
(G) Unsatisfactory performance on previous work;
(H) Knowingly and willfully falsifying, concealing, or covering up a material fact by trick, scheme, or device;
(I) Making false, fictitious, or fraudulent statements or representations;
(J) Making or using a false writing or document knowing it to contain a false, fictitious, or fraudulent statement or entry;
(K) Lack of a proper contractor's license; or
(L) Lack of sufficient ability or integrity to complete the contract.
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(103AWARD, 08/07/18)
SECTION 103 AWARD AND EXECUTION OF CONTRACT:
103.04 Award of Contract: the first paragraph of the Standard Specifications is modified to add:
When a contract is funded, either wholly or in part, by federal funds, an award of contract may be made contingent upon the successful bidder obtaining an appropriate license from the State Registrar of Contractors, in accordance with Arizona Revised Statutes 32-1101 through 32-1170.03. The license must be obtained within 60 calendar days following opening of bid proposals. No adjustment in proposed bid prices or damages for delay will be allowed as a result of any delay caused by the lack of an appropriate license. Failure to acquire the necessary licensing within the specified period of time shall result in either award to the next lowest responsible bidder, or re-advertisement of the contract, as may be in the best interests of the Department.
Licensing information is available from:
Arizona Registrar of Contractors 1700 W. Washington St. Suite 105 Phoenix, AZ 85007-2812 Phone: (602) 542-1525 Email: [email protected] www.roc.az.gov
(103RTPROP, 07/10/19)
SECTION 103 AWARD AND EXECUTION OF CONTRACT:
103.06 Return of Proposal Guaranty: the title and text of the Standard Specifications is revised to read:
103.06 Blank:
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(104STORM, 11/01/95)
SECTION 104 SCOPE OF WORK:
104.11 Damage by Storm, Flood or Earthquake: Item (D), Idled Equipment and Remobilization, of the Standard Specifications is hereby deleted.
104.11 Damage by Storm, Flood or Earthquake: Items (E) and (F) of the Standard Specifications are revised to read:
(D) Payment for Repair Work:
The State will pay the cost of the repair work as determined in Subsection 109.04.
(E) Termination of Contract:
If the Department elects to terminate the contract, the termination and the determination of the total compensation payable to the contractor shall be governed by the provisions of Subsection 108.11, Termination of Contract for Convenience of the Department.
(104ENVIR, 03/17/08)
SECTION 104 SCOPE OF WORK:
104.12 Environmental Analysis: of the Standard Specifications is revised to read:
The contractor shall prepare an environmental analysis for approval by the Engineer, under any of the following conditions:
(A) If the contractor elects to provide material, in accordance with Section 1001, from a source that involves excavation.
(B) If the contractor elects to use any site to set up a plant for the crushing or processing of base, surfacing, or concrete materials. The contractor may request an exemption from this requirement to provide an environmental analysis if all of the following conditions apply:
(1) the site is exclusively used for the processing of materials, (2) the site will not be used for excavation of borrow material, (3) the site was developed as a processing area on or before January 1, 1999, (4) the site is currently operating as a processing area, and
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(5) the plant is located within that portion of the site that was disturbed prior to January 1, 1999.
(C) If the contractor requests that the Engineer approve access to controlled access highway at points other than legally established access points.
The contractor may incorporate an existing environmental analysis approved after January 1, 1999, provided that the analysis is updated as necessary to be in compliance with current regulations and with the contractor’s planned activities.
Regulatory changes, specification changes, or other reasons may preclude the approval of a materials source. The contractor acknowledges that the Department may refuse to approve a material source even if the Department had approved the source for other projects.
The environmental analysis shall include all areas of proposed excavation, crushing, processing, and haul roads. For the purposes of Subsection 104.12, a haul road is defined as any road on material excavation, processing, or crushing sites, and any road between the respective site and a public highway that may be used by the contractor. The contractor shall promptly advise the Engineer that it is preparing the environmental analysis and shall submit it upon completion. The contractor should anticipate needing a minimum of 30 calendar days to prepare the environmental analysis. The contractor shall allow a minimum of 45 calendar days after submittal, or subsequent resubmittal, to the Department for the Department to review the environmental analysis and to consult with the appropriate jurisdictions and/or agencies. At the end of the review period, the Engineer will notify the contractor whether or not the environmental analysis is acceptable.
If the approval of the environmental analysis causes a delay to a controlling activity of the project, the contractor may seek, and the Engineer may grant, an extension of time in accordance with the terms of Subsection 108.08. The time extension shall not exceed 30 working days for a working-day contract, or 45 calendar days for a calendar-day project. The time extension will not be considered unless the contractor can show evidence of due diligence in pursuing the environmental analysis. No time extension will be granted for a fixed completion date contract. The Environmental analysis shall address all environmental effects, including, but not limited to, the following:
(1) The location of the proposed source and haul road, and the distance from the source to either an existing highway or an established alignment of a proposed Federal, State or County highway along with vicinity maps, sketches or aerial photographs.
(2) The ownership of the land.
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(3) The identity and location of nearby lakes, streams, parks, wildlife refuges or other similar protected areas.
(4) The former use, if known, of the source, and haul road and their existing condition.
(5) The identification of present and planned future land use, zoning, etc., and an analysis of the compatibility of the removal of materials with such use.
(6) The anticipated volume of material to be removed; the width, length and depth of the excavation; the length and width of the haul road, and other pertinent features and the final condition in which the excavated area and haul road will be left, such as sloped sides, topsoil replaced, the area seeded, etc.
(7) The archaeological survey of the proposed source prepared by a person who meets the Secretary of the Interior's Professional Qualification Standards (48 FR 44716) and possesses a current permit for archaeological survey issued by the Arizona State Museum (ASM). The survey shall be prepared in a State Historic Preservation Office standardized format. The survey shall identify all historic properties within the area of potential effect (APE), as defined by the National Historic Preservation Act (36 CFR 800.4). This includes the materials source, processing area, and the haul road. Additionally, the survey report shall identify the effects of the proposed source on any historic properties within the APE, and recommend measures to avoid, minimize, or mitigate those effects.
(8) If the proposed source, or haul road will utilize Prime and Unique Farm land or farm land of statewide importance, a description of such remaining land in the vicinity and an evaluation whether such use will precipitate a land use change.
(9) A description of the visual surroundings and the impact of the removal of materials on the visual setting. (10) The effect on access, public facilities and adjacent properties, and mitigation of such effects.
(11) The relocation of business or residences.
(12) Procedures to minimize dust in pits and on haul roads and to mitigate the effects of such dust.
(13) A description of noise receptors and procedures to minimize impacts on these receptors.
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(14) A description of the impact on the quality and quantity of water resulting from the materials operation shall be provided. The potential to introduce pollutants or turbidity to live streams and/or nearby water bodies shall be addressed. Measures to mitigate potential water quality impacts shall be coordinated through the Environmental Protection Agency (EPA) for sites located on tribal land, and the Arizona Department of Environmental Quality (ADEQ) for sites located on non-tribal land.
(15) A description of the impact on endangered or threatened wildlife and plants and their habitat. The analysis of potential impact to plants and wildlife shall be coordinated through the Arizona Game and Fish Department and U.S. Fish and Wildlife Service. Compliance with the Arizona Native Plant Law shall be coordinated through the Arizona Commission of Agriculture and Horticulture.
(16) A discussion of the effects of hauling activities upon local traffic and mitigating measures planned where problems are expected.
(17) A description of the permits required, such as zoning, health, mining, land use, flood plains (see Section 404 of the Clean Water Act), etc.
(18) The effect of removing material and/or stockpiling material on stream flow conditions and the potential for adverse impacts on existing or proposed improvements within the flood plain which could result from these activities. Measures to mitigate potential water quality impacts shall be coordinated through the Environmental Protection Agency (EPA) for sites located on tribal land, and the Arizona Department of Environmental Quality (ADEQ) for sites located on non-tribal land.
Guidance in preparing the environmental analysis is available on the Department’s Internet Website through the Environmental Planning Group, or by calling Environmental Planning Group at 602-712-7767.
(105PLNS, 10/18/10)
SECTION 105 CONTROL OF WORK:
105.03 Plans and Working Drawings: the thirteenth paragraph of the Standard Specifications is revised to read:
All working drawings or prints shall be 22 inches in height and 34 inches in length. There shall be 1 1/4-inch margins on the left and right sides, and 3/4-inch margins on the top and bottom. A blank space, four inches wide by three inches high, shall be left inside the margin
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T in the lower right hand corner. All drawings shall be made in such a manner that clear and legible copies can be made from them. When half-size copies are required, they shall be provided on standard 11 by 17 inch sheets.
(106QCMAT, 05/03/16)
SECTION 106 CONTROL OF MATERIAL:
106.04(A) General: the fourth and fifth paragraphs of the Standard Specifications are revised to read:
The sampling, testing, and acceptance of materials shall be in accordance with the requirements of the specifications, in conjunction with the following:
The ADOT Materials Testing Manual. The ADOT Materials Practice and Procedure Directives Manual.
Applicable Federal, AASHTO, or ASTM specifications or test designations.
Applicable specifications or test designations of other nationally recognized organizations.
Unless otherwise specified, whenever a reference is made to an Arizona Test Method or an ADOT Materials Practice and Procedure Directive, it shall mean the test method or practice and procedure directive in effect on the bid opening date.
Any reference to the ADOT Materials Policy and Procedure Directives elsewhere in the contract documents shall be understood to mean ADOT Materials Practice and Procedure Directives. 106.04(B) Contractor Quality Control: the second paragraph of the Standard Specifications is revised to read: Certain construction items may require additional quality control measures, as specified in Subsection 106.04(C). When so specified, the contractor shall provide all the personnel, equipment, materials, supplies, and facilities necessary to obtain samples and perform the tests listed in the applicable section and as given in Subsection 106.04(C). Specific contractor quality control requirements will be shown in the applicable construction items. Payment for such additional work shall be in accordance with the Special Provisions, and will be included in Bidding Schedule Item 9240170.
When the specifications do not require specific contractor quality control measures, the provisions given in Section 106.04(C) do not apply. Bid Item 9240170 will not be included in the Bidding Schedule.
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106.04(C)(2) Quality Control Laboratory: the first paragraph is revised to read:
All field and laboratory sampling and testing shall be performed by a laboratory or laboratories approved by the Department. The requirements for approval of laboratories are specified in ADOT Materials Policy and Procedure Directive No. 19, “ADOT System for the Evaluation of Testing Laboratories”. Approved laboratories, and the test methods for which they are approved to perform, are listed in the “ADOT Directory of Approved Materials Testing Laboratories”. Approved test methods listed in the “ADOT Directory of Approved Materials Testing Laboratories” do not include field sampling and testing procedures. When field sampling and testing procedures are performed, the appropriate valid Arizona Technical Testing Institute (ATTI) and/or American Concrete Institute (ACI) certification(s) are required. ADOT Materials Policy and Procedure Directive No. 19, “ADOT System for the Evaluation of Testing Laboratories” and the “ADOT Directory of Approved Materials Testing Laboratories” may be obtained on the internet from the ADOT Materials Quality Assurance Section website.
106.04(C)(6) Weekly Quality Control Reports: of the Standard Specifications is revised to read:
The contractor shall submit Weekly Quality Control Reports to the Engineer. The weekly reports shall be complete and accurate, and shall state the types of work which have been performed during the report period. The report shall also include the process control measures taken to assure quality. The report shall provide sample identification information for materials tested during the report period, including sample number, date sampled, sample location, first and last name of person obtaining sample, and original source of material. The report shall also provide the results for all required tests and any retests, corrective actions, and other information relevant to quality control. The report shall include daily diaries for each day of testing, a weekly summary, the ADOT TRACS number, and the testing laboratory’s project identification number.
Except as stated in the following paragraph, the weekly quality control report shall be prepared using standard forms provided by the Department. The standard forms are available on the Department's website at www.azdot.gov. After accessing the Department’s website, select “Business”, “Engineering and Construction”, “Construction and Materials”, “Contractor Information”, “Forms and Documents”, and then “Weekly Quality Control Forms”. Except for the daily diaries, all documentation and information required on the forms shall be typed. Daily diaries may be hand-written if acceptable to the Engineer. The weekly report shall be submitted to the Engineer in paper form with a transmittal letter signed by the contractor’s quality control manager.
In lieu of using the standard weekly quality control forms available on the Department’s website, the contractor or testing laboratory may prepare the weekly report using proprietary or other software, if acceptable to the Engineer, provided that all required information is included, the format is comparable to the Department’s standard format, and the report is submitted in paper form with the required transmittal letter.
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The report period shall end at midnight of each Friday, and the report shall be submitted to the Engineer no later than 5:00 p.m. of the following Wednesday. The Engineer will verify that the report is timely, complete, and accurate.
Reports that are not submitted by the above-referenced deadline shall be considered delinquent. Reports that are submitted by the above-referenced deadline, but are not complete and accurate, shall also be considered delinquent. In either case monies shall be deducted from the contractor’s monthly estimate in accordance with the requirements for Contractor Quality Control, as specified in these special provisions.
(106CERT, 02/26/19)
SECTION 106 CONTROL OF MATERIAL:
106.05 Certificates: of the Standard Specifications is revised to read:
(A) General:
The contractor shall submit to the Engineer an original or copy of either a Certificate of Compliance or a Certificate of Analysis, as required, prior to the use of any materials or manufactured assemblies for which the specifications require that such a certificate be furnished.
Certificates shall be specifically identified as either a "Certificate of Compliance" or a "Certificate of Analysis".
The Engineer may permit the use of certain materials or manufactured assemblies prior to, or without, sampling and testing if accompanied by a Certificate of Compliance or Certificate of Analysis, as herein specified. Materials or manufactured assemblies for which a certificate is furnished may be sampled and tested at any time, and, if found not in conformity with the requirements of the plans and the specifications, will be subject to rejection, whether in place or not.
Certificates of Compliance and Certificates of Analysis shall comply with the requirements specified herein, the ADOT Materials Testing Manual, and applicable ADOT Materials Policy and Procedure Directives.
(B) Certificate of Compliance:
A Certificate of Compliance shall be submitted on the manufacturer’s or supplier’s official letterhead, and shall contain the following information:
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(1) The current name, address, and phone number of the manufacturer or supplier of the material.
(2) A description of the material supplied.
(3) Quantity of material represented by the certificate (excluding quantities for temporary traffic control devices).
(4) Means of material identification, such as label, lot number, or marking.
(5) A statement that the material complies in all respects with the requirements of the cited specifications. Certificates shall state compliance with the cited specification, such as AASHTO M 320, ASTM C 494; or specific table or subsection of the Arizona Department of Transportation Standard Specifications or Special Provisions. Certificates may cite both, if applicable.
(6) A statement that the individual identified in item seven below has the legal authority to bind the manufacturer or the supplier of the material.
(7) The name, title, and signature of the responsible individual. The date of the signature shall also be given.
Each of the first six items specified above shall be completed prior to the signing of the certificate as defined in item seven. No certificate will be accepted that has been altered, added to, or changed in any way after the authorized signature has been affixed to the original certificate. However, notations of a clarifying nature, such as project number, contractor, or quantity shipped are acceptable, provided the basic requirements of the certificate are not affected.
A copy or facsimile reproduction of the original certificate will be acceptable; however, the original certificate shall be made available upon request.
(C) Certificate of Analysis:
A Certificate of Analysis shall include all the information required for a Certificate of Compliance and, in addition, shall include the results of all tests required by the specifications.
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(106APL, 02/10/12)
SECTION 106 CONTROL OF MATERIAL:
106.14 Approved Products List: of the Standard Specifications is revised to read:
The Approved Products List is a list of products which have been shown to meet the requirements of these Standard Specifications. The Approved Products List is maintained by the Department and updated monthly. Copies of the most current version are available on the internet from the ADOT Research Center, through its Product Evaluation Program.
The contractor shall verify that any products chosen for use from the Approved Products List are selected from the version which was most current at the time of the bid opening. Unless otherwise specified in the Special Provisions, products not appearing on the Approved Products List at the time of the bid opening may be used if they meet the requirements of the plans and specifications.
When the Special Provisions limit product selection to only those listed on the Approved Products List, other products will not be evaluated or approved.
(106DMAT, 2/15/11)
SECTION 106 CONTROL OF MATERIALS: of the Standard Specifications is modified to add:
106.15 Domestic Materials and Products:
Steel and iron materials and products used on all projects shall comply with the current “Buy America” requirements of 23 CFR 635.410.
All manufacturing processes to produce steel and iron products used on this project shall occur in the United States. Raw materials used in manufacturing the steel and iron products may be foreign or domestic. Steel or iron not meeting these requirements may be used in products on this project provided that the invoiced cost to the contractor for such steel products incorporated into the work does not exceed either one-tenth of one percent of the total (final) contract cost or $2,500, whichever is greater. Any process which involves the application of a coating to iron or steel shall occur in the United States. These processes include epoxy coating, galvanizing, painting, or any other coating which protects or enhances the value of covered material.
The requirements specified herein shall only apply to steel and iron products permanently incorporated into the project. “Buy America” provisions do not apply to temporary steel
Page 66 of 248 Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T items, such as sheet piling, temporary bridges, steel scaffolding and falsework, or to materials which remain in place at the contractor’s convenience.
The contractor shall furnish the Engineer with Certificates of Compliance, conforming to the requirements of Subsection 106.05, which state that steel or iron products incorporated in the project meet the requirements specified. Certificates of Compliance shall also certify that all manufacturing processes to produce steel or iron products, and any application of a coating to iron or steel, occurred in the United States. Convict-produced materials may not be used unless the materials were produced prior to July 1, 1991 at a prison facility specifically producing convict-made materials for Federal-aid construction projects.
(107PCS, 02/13/17)
SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC:
107.08 Public Convenience and Safety: of the Standard Specifications is revised to read:
(A) General:
The contractor shall at all times conduct its work as to insure the least possible obstruction to traffic.
The safety and convenience of the general public and the residents along the highway and the protection of persons and property shall be provided for by the contractor in accordance with the requirements of Subsection 104.04.
The contractor shall abide by OSHA Regulations, including, but not limited to, 29 CFR, Part 1926, and 29 CFR, Part 1910, as well as all applicable standards of the U.S. Environmental Protection Agency (EPA), the Arizona Department of Environmental Quality (ADEQ), and the U.S. Mine Safety and Health Administration (MSHA). The contractor shall maintain a copy of the specified OSHA Standards on the construction site at all times.
The contractor shall furnish and install 72-inch temporary chain link fencing, or approved equal, satisfactory to the Engineer, around all major structure construction areas (i.e., bridges, pumphouses, drop structures, retaining walls, etc.) and around any unattended excavation deeper than four feet, with slopes steeper than 1:2 (V:H). Temporary fencing shall completely enclose the referenced construction activity and shall be secured after normal working hours to prevent unauthorized access. Where called for in the plans, new permanent fencing shall be installed as soon as practicable.
Temporary fence materials which are no longer needed to restrict access to the work area may be utilized in constructing permanent fence. Fence materials, which in the opinion of
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T the Engineer are unacceptable due to either appearance or structural defects, shall be replaced with new materials. No direct payment will be made for furnishing or installing temporary fencing. Permanent fencing will be measured and paid under the appropriate bid items.
Unless otherwise approved in writing by the Engineer, open utility trenches shall be limited to 50 feet in length, except for cast-in-place pipe installations, during non-working hours and shall be covered with steel plate in a manner satisfactory to the Engineer.
(B) Safety Plan:
The contractor shall submit a Safety Plan at the preconstruction conference. The contractor may submit the Safety Plan prior to the preconstruction conference but not until the contract is executed by both the contractor and the Department. The Safety Plan shall specify the procedures the contractor will implement to satisfy OSHA and any state occupational safety guidelines related to the worker, as well as the public, in the construction of excavations, structures and confined air spaces along with all other activities involved in the project. The plan must also address:
(1) Site-specific safety rules and procedures to deal with the types of risks expected to be encountered on the site;
(2) Routine inspection of construction sites to ensure compliance with applicable local, state, and federal safety laws and regulations;
(3) Training of employees in safe practices and procedures;
(4) Availability of first-aid, medical, and emergency equipment and services at the construction site, including arrangements for emergency transportation; and
(5) Security procedures to prevent theft, vandalism, and other losses at the construction site.
(6) Emergency Vehicle Access Plan (EVAP) as detailed herein.
The Safety Plan shall include a list of emergency procedures, phone numbers, and methods of communication for medical facilities, Police, Fire Department, and other emergency services which may become necessary. The contractor shall be responsible for providing First Aid treatment and medical supplies on the project site, in accordance with OSHA 29 CFR, Part 1910, and for producing and maintaining records of any injury-related incidents. The Safety Plan shall include the requirement that all workers must wear OSHA approved hard hats, reflective safety vests or other approved high visibility warning garments, work shoes, and, when appropriate, safety glasses while in construction areas. The Contractor’s
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Project Superintendent or Safety Supervisor shall ensure that visitors comply with the above requirements as appropriate.
The Safety Plan shall include an Emergency Vehicle Access Plan (EVAP). An emergency event is defined as an incident that requires an emergency vehicle to respond.
When an EVAP is included in the project plans, that plan shall govern unless an alternate plan, acceptable to the Engineer, is submitted by the contractor and accepted in writing by the Engineer. If the contractor uses the EVAP provided by the Department, it shall be submitted as part of the Safety Plan. If no EVAP is provided or if the contractor desires to deviate from the EVAP provided in the plans, the contractor shall submit it to the Engineer for approval as part of the Safety Plan. The contractor’s EVAP shall be prepared by an individual meeting the qualifications described in Subsection 701-1 of the specifications. Regardless of whether an EVAP is provided by the Department or by the contractor, the EVAP shall be included in the Safety Plan and incorporated into the traffic control plans.
The EVAP shall describe those measures to be implemented during construction to ensure that emergency vehicles have access, at all times and for all phases of construction, within and through the construction site until the project is substantially complete. The EVAP shall delineate or describe the manner in which access is available, including traffic control devices or alternate emergency vehicle access routes.
The contractor shall communicate the EVAP, and any updates to the plan, to the Engineer for dissemination to area law enforcement and emergency responders.
The contractor shall implement and maintain the project’s EVAP until substantial completion. The contractor shall ensure that all personnel, and those of any subcontractors employed by the contractor, are familiar with the plan and their responsibilities for its use.
In the Safety Plan, the contractor shall designate a competent person as Safety Supervisor to be responsible for implementation of the Safety Plan throughout the contract period. The Safety Supervisor shall be capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and have authority to take prompt corrective measures to mitigate or eliminate them. The Safety Supervisor shall also conduct safety meetings, oversee and maintain safe jobsite conditions, and ensure that emergency procedures, phone numbers, and all applicable OSHA notification posters are conspicuously placed in all work areas. The Safety Supervisor shall maintain records demonstrating that all workers have sufficient experience to operate their equipment, and have been instructed in the proper operation of the equipment. The Safety Supervisor shall furnish evidence that crane operators have been instructed in accordance with the requirements of OSHA 29 CFR, Part 1926.550, Subpart N, and 1926.955, Subpart V.
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The Safety Plan submitted by the contractor shall include proposed methods to prevent unauthorized persons from gaining access to the work areas.
The Engineer will review the Safety Plan and will either approve the Safety Plan or identify any additional items that need to be included no more than 10 working days after submittal. The contractor shall then modify the Safety Plan, if necessary, for re-submittal to the Engineer within five working days. The contractor shall not commence work until the Safety Plan has been approved, unless authorized by the Engineer.
(107INS, 7/10/12)
SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC:
107.14 Insurance: the first paragraph of the Standard Specifications is revised to read:
Prior to the execution of the contract, the contractor shall file with the Department a certificate or certificates of insurance evidencing insurance as required by this contract has been placed with an insurer authorized to transact insurance in the State of Arizona pursuant to ARS Title 20, Chapter 2, Article 1, or with a surplus lines insurer approved and identified by the Director of the Department of Insurance pursuant to ARS Title 20, Chapter 2, Article 5.
All insurers shall have an “A.M. Best” rating of A- VII or better.
The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the contractor from potential insurer insolvency.
The contractor’s submission of the required insurance certificates constitutes a representation to the Department that:
1. The contractor has provided a copy of these specifications to every broker who has obtained or filed a certificate of insurance and has communicated the necessity of compliance with these specifications to the broker; and
2. To the best of the contractor’s knowledge, each certificate of insurance and each insurance coverage meets the requirements of these specifications.
The contractor shall provide the Department with certificates of insurance (ACORD form or equivalent acceptable to the State of Arizona) as required by the contract. The certificates for each insurance policy shall be signed by a person authorized by that insurer.
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(107UTIL, 11/01/16)
SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC:
107.15 Contractor's Responsibility for Utility Property and Services: of the Standard Specifications is modified to add:
The contractor shall be ADOT's underground utility field locator, and perform all requirements as prescribed in A.R.S. 40-360.21 through .29, for all underground facilities that have been installed by the contractor on the current project, until the project is accepted by ADOT.
At least two working days prior but no more than 15 working days prior to commencing excavation, the contractor shall contact ARIZONA 811, between the hours of 6:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays, for information relative to the location of buried utilities. The contractor can call 811 from anywhere in Arizona or can contact ARIZONA 811 at the number below:
Projects In Maricopa County (602) 263-1100
Projects Outside Maricopa County (800) 782-5348
Contractors can also create and manage utility locate tickets online by using the Arizona 811 E-Stake tool at www.Arizona811.com.
Copies of existing ADOT permits, subject to availability, may be obtained from the ADOT Area Permit Supervisor as listed below:
NORTHEAST DISTRICT
(928) 524-5455 2407 E. Navajo Blvd. (928) 524-5400 Holbrook, AZ 86025
The following agencies and utility companies have facilities in the area but are not anticipated to be in conflict:
Utility Company Name Phone Town of Eagar Bruce Ray (928) 333-4128 Frontier Communications Johny Denton (928) 797-2321
The following utility companies have facilities in conflict with the proposed construction, and anticipate relocating before construction commences:
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Utility Company Name Phone Commnet Bob Laprath (520) 400-9944 Navopache Electric Dale P. Richard (928) 242-6013 Cooperative (NEC)
Commnet has a joint use agreement with NEC to occupy their power poles and have their own guy wires attached to those power poles.
Navopache and Commnet will temporarily remove two guy wires from the ADOT right of way at approximate Station 1848+50, 90’ lt. and Station 1859+66, 40’ lt.
The contractor shall notify Navopache and Commnet using the above contact information one month before the contractor would like the anchors to be removed. It is estimated that once the utilities are properly notified, the removals should take no more than two days for each of the utilities.
There is no railroad within ½ mile of the project limits.
The Contractor is cautioned to use care when operating near these facilities.
It shall be the contractor’s responsibility to determine the exact location of the utilities prior to any construction operations and to notify the above mentioned utility companies at least two (2) working days prior to commencing any work on the project.
With respect to utility adjustments, this project may be released for bids.
(107SWRSP, 01/28/03)
SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC:
107.15 Contractor's Responsibility for Utility Property and Services: of the Standard Specifications is revised to read:
(A) General:
The contractor's attention is directed to the requirements of Arizona Revised Statutes Section 40-360.21 through .29 requiring all parties excavating in public streets, alleys or utility easements to first secure the location of all underground facilities in the vicinity of the excavation.
The contractor shall review copies of existing ADOT permits, subject to availability, prior to start of construction, to assist the contractor in determining the location of any utilities, which the Department may have record of and which are not otherwise shown in the contract documents. Utility locations obtained from the Department are for information only and shall
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T not relieve the contractor of responsibility for identifying, locating and protecting any existing utility lines. Copies of permits may be obtained from the ADOT Area Permit Supervisor in the District in which a project is located.
The contractor shall contact the owners of the various utilities prior to the start of construction and shall obtain from them any information pertaining to existing utilities that will either supplement information shown on the project plans or will correct any such information that may be incorrect. The contractor shall furnish the Engineer with evidence that the contractor has contacted the utility companies. Such evidence shall be submitted at the preconstruction conference, and shall include a copy of the information received from each utility as a result of such contacts.
If the contractor learns from either the owner of the utility or from any other source of the existence and location of properties of railway, telegraph, telephone, fiber optics cable, water, sewer, septic tanks or systems, electric, gas and cable television companies either omitted from or shown incorrectly on the project plans, the contractor shall immediately notify the Engineer and shall not disturb the utilities. Relocation or adjustment of such utilities, if deemed necessary, will be either performed by others or shall be performed by the contractor in accordance with the provisions of Subsection 104.02.
The contractor shall cooperate with the owners of any underground or overhead utility lines in their removal and rearrangement operations in order that these operations may progress in a reasonable manner, that duplication of rearrangement work may be reduced to a minimum and that services rendered by these parties will not be unnecessarily interrupted.
Temporary or permanent relocation or adjustment of any utility line or service connection desired by the contractor for its convenience shall be its responsibility. The contractor shall obtain the approval of both the Engineer and the utility company and upon approval shall make all necessary arrangements with the utility company and shall bear all costs in connection with such relocation or adjustment. The contractor shall also submit a Sewer Discharge Prevention Plan, as specified in Subsection 107.15(C)(1), describing each anticipated relocation or adjustment involving existing sanitary sewer lines. No work on a particular facility shall begin until all approvals for that facility have been received.
(B) Contractor Qualifications for Water and Sewer Lines:
Breakage of active sanitary sewer lines may result in the potential spread of disease, contamination of the site and any adjacent bodies of water, and other hazards to the public. Substantial cleanup costs may be associated with such breakage, as well as possible major civil and/or criminal penalties. Therefore, the Engineer will closely consider the qualifications of any personnel proposed by the contractor to oversee or perform work involving active sanitary sewer lines. The contractor shall not assume that the personnel assigned to perform such work will be acceptable to the Department merely because they meet the experience requirements listed herein.
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The contractor, or the subcontracting firm assigned to perform the water and sewer work, shall have a minimum of five years of experience in the installation and construction of underground large diameter (18-inch or above) water and sewer improvements.
In addition, the key personnel assigned by the contractor to perform any work on water or sewer lines, whether from the prime contractor or a subcontracting firm, shall also have at least five years of experience in the installation and construction of underground large diameter (18-inch or above) water and sewer improvements. A minimum of two such people shall be designated by the contractor. The designated personnel may have the title of foreman or superintendent; however, at least one of these people shall be present at all times at the location of any work being performed at or near an active sanitary sewer line.
For both the firm and the key personnel, the experience shall include working with and around water and sewer utility lines that are in service. The contractor shall submit the following documentation to the Engineer for review and approval:
(1) A list indicating that the designated key project personnel have at least five years of applicable experience, as specified above. The list shall be accompanied with resumes for each of the key people. The resumes shall include the following information, and demonstrate compliance with the specified requirements:
(a) Detailed relevant experience for a minimum of two projects, including project description, date of work, actual work performed by the individual, and references (a minimum of one for each project).
(b) Level of applicable formal training.
(c) Number of years of relevant experience in performing like construction.
(2) A list of water and sewer construction projects completed by the firm performing the water or sewer work, as specified above, indicating a minimum of five years of applicable experience. Include the dates of work, type of work, description of the project, amount of work performed by the contractor/subcontractor, and the name and phone number of a contact with the owning company or agency for which the work was completed.
(3) List of equipment that will be used for this project. The list shall include, as a minimum, equipment type, date of manufacture, and if contractor-owned or rented.
(4) A list of all violations and citations in the past five years of applicable water and wastewater laws and statutes for both the prime contractor and the subcontractor responsible for the utility work.
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The contractor shall submit this documentation to the Engineer for approval at least 21 calendar days prior to any anticipated work involving active sanitary sewer lines, whether new or existing.
(C) Protection of Existing Utility Lines:
At points where the contractor's operations are adjacent to right-of-way properties or easements for railway, telegraph, telephone, water, sewer, electric, gas and cable television companies, hereinafter referred to as utilities, or are adjacent to other facilities and property, damage to which might result in considerable expense, loss, inconvenience, injury or death, work shall not be commenced until all arrangements necessary for the protection thereof have been made.
The exact locations and depths of all utilities that are underground or the location of those on or near the surface of the ground which are not readily visible shall be determined. Such locations shall be marked in such a manner so that all workmen or equipment operators will be thoroughly apprised of their existence and location. It will be the contractor's responsibility to see that every effort possible has been made to acquaint those actually involved in working near utilities not only with the type, size, location and depth, but with the consequences that might follow any disturbance. No trenching or similar operation shall be commenced until the Engineer is satisfied that every possible effort has been taken by the contractor to protect utilities.
The contractor shall coordinate with others working near new or existing sewer lines or other utilities on the procedures to be followed to prevent damaging of these utilities.
(1) Sewage Discharge Prevention Plan (SDPP):
For any work which may impact active sanitary sewer pipes, whether new or existing, the contractor shall prepare a Sewage Discharge Prevention Plan (SDPP) which shall describe the contractor's procedures and work plan for such lines. The Sewage Discharge Prevention Plan shall also describe the precautions that the contractor shall take to prevent unplanned breakage or spills, and the procedure which the contractor shall follow if breakage or a spill occurs.
The contractor's method of work described in the SDPP shall ensure that any work done in or near any active sewer line is performed in a safe and controlled manner resulting in no accidental discharges. As a minimum, the contractor's equipment and procedures shall be appropriate for the intended work, and shall conform to standard industry practices.
The SDPP shall include information, as specified below, for all portions of the project which involve the following work activities, and for any other element of work which may involve contact with an active sanitary sewer line:
Interrupt, divert, relocate, plug, or abandon a sewer line or service connection, or
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Brace, or tie into a sewer line or service connection.
Construction activities in the vicinity of active sanitary sewer lines or service connections shall also be included in the SDPP if any of the following conditions exist:
(1) Any work crossing beneath the pipe, at any angle, regardless of vertical separation.
(2) Any work crossing over the pipe, at any angle, within two feet of the top of pipe.
(3) Work located parallel to the pipe within the following areas:
(a) For the area from the bottom of the pipe to two feet above the top of the pipe, any work within two feet horizontally of the pipe wall.
(b) For the area below the bottom of the pipe, any work located below an imaginary line beginning at the pipe springline and progressing downward at a slope of 1.5 feet vertically to 1.0 feet horizontally. The contractor’s Sewage Discharge Prevention Plan shall address each of the items tabulated below, as applicable, for every location where construction activity will involve an active sanitary sewer line.
(2) Required Elements of the Sewage Discharge Prevention Plan:
The following elements shall be addressed in the SDPP:
(a) Describe the proposed work in general, including the reasons for the work, scope, objectives, locations, dates, and estimated times the work will be conducted. Include project plan sheets detailing the proposed work, and indicating the peak flowrates of active sewer lines, determined as specified.
(b) For all existing sanitary sewer pipes, determine whether the lines are active or abandoned, and the peak flowrates of lines in service, as provided by the owner of the utility.
(c) List the key personnel (crew foreman, superintendent, and manager) and field office that are proposed to perform the work (include phone numbers).
(d) Describe the work in step-by-step detail for each location, including excavation plans and how both the new and existing structures and utilities will be identified and protected.
(e) Provide a detailed listing of any hardware, fittings, pipe plugs, flex couplings, tools, and materials needed to accomplish the work, and note the status of these items (on-hand, to-be-fabricated, on-order with expected delivery date,
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etc.). Include any manufacturer’s specifications or recommendations, especially for any pipe plugs, sewer line fittings, and patching materials.
(f) List all major equipment to be used to perform the work. Include in this item any pumps that will be used to perform the work and the rated capacity of the pumps at the anticipated suction head.
(g) List all equipment to be used in the event of an unplanned release and specify how the equipment will be used. The locations of standby pumps shall be specified in this item. The plan shall indicate that all standby equipment to be used in the event of an unplanned discharge can be delivered to the site and put into service within two hours of identification of any unplanned flow.
(h) List the safety equipment to be used, and describe any unique safety procedures. Cite the applicable OSHA standards covering the work.
(i) Describe any contingency plans the contractor will implement in the event of unplanned releases and/or damage to existing facilities. List all personnel and subcontractors that will be responsible for responding to unplanned releases or damaged lines. Provide qualifications for all such personnel and subcontractors, including education, formal training, and relevant experience.
(j) Describe how the public will be protected during the work, and include or cite any applicable traffic control plans.
(k) Describe the quality control procedures that will be used in the field.
(l) Discuss how temporary plugs or flow control devices will be secured, monitored, and removed.
The SDPP shall be in written form, and shall include any diagrams or sketches necessary for clarity. When possible, diagrams and sketches should be shown using the applicable project plan sheets.
The contractor shall modify the SDPP as necessary throughout the project to include any new or revised information relevant to the items listed above. The contractor shall resubmit the revised SDPP to the Engineer for approval in each case.
(3) Sewage Discharge Prevention Plan Approval:
The SDPP shall be submitted to the Engineer at least 21 calendar days before any work involving an active sewer line is to be done. The Engineer will review the plan, solicit comments from the owner/operator of the sewer line, and return the plan to the contractor within 14 calendar days from original submittal.
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No work involving active sanitary sewer lines shall be done until a final SDPP meeting all the requirements specified in Subsection 107.15(C)(2) has been approved by the Engineer.
Approval of the contractor's Sewage Discharge Prevention Plans, personnel, or construction methods and operation shall not relieve the contractor from its responsibility to safely perform the work included in this contract, nor from its liability for damage resulting, either directly or indirectly, from its work performed under this contract.
(D) Service Connections:
(1) General:
In the event of interruption to water, sewer, or utility services as a result of accidental breakage or as a result of lines being exposed or unsupported, the contractor shall promptly notify the proper authority and shall cooperate with the said authority in the restoration of service. When service is interrupted, repair work shall be continuous until the service is restored. No work shall be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority.
(2) Unidentified Water and Sewer Connections:
The contractor shall protect unidentified, undamaged water or sewer service connections encountered during excavation. The contractor shall immediately notify the Engineer when an unidentified service connection is encountered.
The contractor shall immediately repair unidentified water or sewer service connections that are damaged during excavation. Any damaged service connections shall be reported to the Engineer, including all remedial actions taken.
(E) Repairing Damaged Lines:
When the operations of the contractor result in damage to any utility line or service connection, the location of which has been brought to the contractor's attention, the contractor shall assume full responsibility for such damage. Should an unplanned breakage occur in an active sewer line as a result of the contractor's operations, the contractor shall immediately notify the Engineer, and begin repairs to halt any flows and restore normal service, in accordance with the procedures described in the approved Sewage Discharge Prevention Plan. The contractor shall also immediately notify the affected utility company and the appropriate regulatory agencies. The contractor shall be responsible for repairing the damaged pipe, restoring any interruptions in service, and cleaning up the affected areas within 24 hours of the beginning of the spill. Sewage discharge damage assessments, as specified in Subsection 107.15(F), will be charged to the contractor for any unplanned breakage which results in a discharge.
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The contractor shall be responsible to repair any breakage, in accordance with requirements of the broken line's owner/operator, and clean up the site per applicable codes and regulations of the Environmental Protection Agency, OSHA, Arizona Department of Environmental Quality (ADEQ), and all other agencies' specifications, at no additional cost to the Department.
(F) Sewage Discharge Damage Assessments:
The Department will assess liquidated damages in accordance with the Table 1 below for each 24-hour period, or portion thereof, for each unplanned breakage that occurs in an active sanitary sewer line as a result of the contractor's operation. The rate of liquidated damages assessed is based on the type and quantity of effluent discharged as determined by the Engineer.
These liquidated damages do not relieve the contractor from any of its responsibilities under the contract, including any liquidated damages that may be assessed under Subsection 108.09 for late completion of the project.
Liquidated damages assessed by the Department will be independent of any penalties imposed by others.
The contractor acknowledges that Regulatory agencies may assess or impose civil or criminal penalties on the contractor resulting from sewer discharges.
The Department will not be responsible for any civil or criminal penalties, fines, damages, or other charges imposed on the contractor by any regulatory agency or court for sewage discharges that are a result, directly or indirectly, of the contractor’s work performed under this contract.
Table 1 Liquidated Damages (each 24 hour period, or portion thereof) Volume of Raw Sewage or Treated Discharge Industrial Wastewater Effluent Less than 10,000 $5,000.00 $1,000.00 gallons 10,000-99,999 $10,000.00 $2,000.00 gallons 100,000-1 million $25,000.00 $3,000.00 gallons Greater than 1 $40,000.00 $5,000.00 million gallons
Liquidated damages shall be assessed for each 24 hour period, or portion thereof, until the contractor has completed all of the following tasks:
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(A) Stopped the discharge.
(B) Repaired the damaged pipe.
(C) Restored normal service.
(D) Fully cleaned and disinfected the site to the satisfaction of the Engineer.
REDUCTION OF LIQUIDATED DAMAGES: Upon completion of tasks A, B, and C above, and prior to completion of Task D, the liquidated damages assessed for the current 24-hour period shall be at the rate shown in Table 1. However, for each subsequent 24-hour period, the assessment will be one half of the rate shown in Table 1.
Damages will continue at the reduced rate until the site has been fully cleaned and disinfected to the satisfaction of the Engineer.
As an example, the amounts assessed each 24-hour period for an unplanned discharge of 20,000 gallons of raw sewage, in which the contractor completes tasks A, B, and C within the second 24-hour period but does not complete full cleanup until the third 24-hour period, will be as follows:
First 24-hour period: $10,000.00
Second 24-hour period: $10,000.00
Third 24-hour period: $5,000.00
For this example, the total liquidated damage assessment will be $25,000.00 ($10,000 + $10,000 + $5,000).
(107FINA, 09/19/12)
SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC:
107.19 Federal Immigration and Nationality Act: of the Standard Specifications is revised to read: (A) General:
The contractor and all subcontractors shall comply with all federal, state and local immigration laws and regulations, as set forth in Arizona Executive Order 2005-30, relating to the immigration status of their employees who perform services on the contract during the duration of the contract. The State shall retain the right to perform random audits of contractor and subcontractor records or to inspect papers of any employee thereof to ensure compliance.
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The contractor shall include the provisions of Subsection 107.19 in all its subcontracts.
In addition, the contractor shall require that all subcontractors comply with the provisions of Subsection 107.19, monitor such subcontractor compliance, and assist the Department in any compliance verification regarding any subcontractor.
(B) Compliance Requirements for A.R.S. § 41-4401, Government Procurement, E-Verify Requirement; Sanctions:
By submission of a bid, the contractor warrants that the contractor and all proposed subcontractors are and shall remain in compliance with:
(1) All federal, state and local immigration laws and regulations relating to the immigration status of their employees who perform services on the contract, and (2) A.R.S. Section 23-214, Subsection A (That subsection reads: “After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the E-Verify program.”).
A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the contract, and the contractor and subcontractors are subject to sanctions specified in Subsection 107.19(D).
Failure to comply with a State audit process to verify the employment records of contractors and subcontractors shall be deemed a material breach of the contract, and the contractor and subcontractors are subject to sanctions specified in Subsection 107.19(D).
(C) Compliance Verification:
The State may, at any time and at its sole discretion, require evidence of compliance from the contractor or subcontractor. Should the State request evidence of compliance, the contractor shall complete and return the State Contractor Employment Record Verification Form and Employee Verification Worksheet, provided by the Department, no later than 21 days from receipt of the request for such information.
Listing of the compliance verification procedure specified above does not preclude the Department from utilizing other means to determine compliance.
The State retains the legal right to inspect the papers of any employee who works on the contract to ensure that the contractor or subcontractor is complying with the warranty specified in Subsection 107.19(B).
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(D) Sanctions for Non-Compliance:
For purposes of this paragraph, non-compliance refers to either the contractor’s or subcontractor’s failure to follow immigration laws or to the contractor’s failure to provide records when requested. Failure to comply with the immigration laws or to submit proof of compliance constitutes a material breach of contract. At a minimum, the Department will reduce the contractor’s compensation by $10,000 for the initial instance of non-compliance by the contractor or a subcontractor. If the same contractor or subcontractor is in non-compliance within two years from the initial non-compliance, the contractor’s compensation will be reduced by a minimum of $50,000 for each instance of non-compliance. The third instance by the same contractor or subcontractor within a two-year period may result, in addition to the minimum $50,000 reduction in compensation, in removal of the offending contractor or subcontractor, suspension of work in whole or in part or, in the case of a third violation by the contractor, termination of the contract for default.
In addition, if a contractor is in non-compliance three times within a two-year period, the Department will revoke the contractor’s prequalification for a minimum of one year. Subcontractors and suppliers who are in non-compliance three times within a two-year period will be prohibited from participating in Department contracts for a minimum of one year.
Subcontractors who are in non-compliance three times within a two-year period, and who are prequalified with the Department as prime contractors, will also have such prequalifications revoked for a minimum of one year. After the minimum one-year suspension, contractors, subcontractors, and suppliers may be considered eligible to participate in Department contracts, but only after successful demonstration, to the satisfaction of the Department, that their hiring practices comply with the requirements specified herein. If considered eligible, contractors shall be required to re-apply for prequalification and be accepted prior to bidding on Department contracts. Subcontractors interested in bidding on Department contracts as prime contractors shall also be required to re-apply for prequalification and be accepted prior to bidding. For purposes of considering suspension: (1) non-compliance by a subcontractor does not count as a violation by the contractor, and (2) the Department will count instances of non-compliance on other Department contracts.
The sanctions described herein are the minimum sanctions; in case of major violations the Department reserves the right to impose any sanctions up to and including termination, revocation of prequalification, and prohibition from participation in Department contracts, regardless of the number of instances of non-compliance.
Contractors, subcontractors, and suppliers may appeal the sanctions to the State Engineer. That appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the Department’s determination. The
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State Engineer shall promptly consider any appeals and notify the interested party of the State Engineer’s findings and decision. The State Engineer’s decision shall be considered administratively final.
Any delay resulting from a compliance verification or a sanction under this subsection is a non-excusable delay. The contractor is not entitled to any compensation or extension of time for any delays or additional costs resulting from a compliance verification or a sanction under subsection 107.19.
An example of the minimum sanctions under this subsection is presented in the following table:
Offense by: Minimum Reduction in Contractor Subcontractor A Subcontractor B Compensation First $10,000 First $10,000 Second $50,000 First $10,000 Third $50,000 * * Will, in addition, result in removal of the subcontractor, prohibition from participating in Department contracts, and revocation of any Department prequalifications that the subcontractor may have obtained.
(108SUBLT, 02/22/16)
SECTION 108 PROSECUTION AND PROGRESS:
108.01 Subletting of Contract: the fifth paragraph of the Standard Specifications is revised to read:
The Department may also refuse to approve any entity as a subcontractor or supplier for any of the reasons for which it could refuse to allow an entity to submit a bid, suspend the entity from bidding, or declare the entity non-responsible.
108.01 Subletting of Contract: the sixth paragraph of the Standard Specifications is modified to add: (G) Verification that an alternative dispute resolution process to resolve payment and prompt payment disputes is included in each subcontract. The alternative dispute resolution process shall include a means of prompt escalation beyond the project level and provide the opportunity to hire a mediator.
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108.01 Subletting of Contract: the seventh paragraph of the Standard Specifications is revised to read:
The Engineer will not consent to subletting of any portion of the contract until:
(a) The Engineer receives a copy of the subcontract or lower tier subcontract, and
(b) The AZUTRACS Registration Number for the subcontractor has been provided.
The contractor’s schedule shall allow seven calendar days for the Department’s subcontract review of each subcontract.
The Engineer’s consent shall in no way be construed to be an endorsement of the subcontractor or its ability to complete the work in a satisfactory manner.
If a subcontractor, of any tier, begins work on the contract prior to the contractor submitting the required documentation and receiving consent from the Engineer, the Department will withhold $1,000 from monies due or becoming due the contractor as liquidated damages. The liquidated damages will be withheld for each subcontractor, of any tier, that starts work without the consent of the Engineer. These liquidated damages shall be in addition to all other retention or liquidated damages provided for elsewhere in the contract.
If a subcontractor, of any tier, is found working on the project without an approved contract the Engineer will immediately stop work on the subcontract. Work shall not resume until all required documentation is submitted and approved by the Engineer. The contractor shall not be entitled to additional compensation or an extension of contract time for any delays to the work because of the contractor’s failure to submit the required documentation.
SECTION 108 PROSECUTION AND PROGRESS:
108.02 Start of Work: of the Standard Specifications is revised to read:
The contractor shall begin work no earlier than September 1, 2020. September 1, 2020 shall be considered the starting date for the purpose of charging contract time.
(108PRCN, 09/12/19)
SECTION 108 PROSECUTION AND PROGRESS
108.03 Preconstruction Conference: of the Standard Specifications is revised to read: The contractor shall meet with the Engineer for a preconstruction conference prior to commencing work. The conference may be combined with the partnering conference, and
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At the preconstruction conference the contractor shall submit a progress schedule showing the order in which the contractor proposes to carry out the work, the dates on which the contractor and its subcontractors will start the work, including procurement of materials, equipment, etc.; the ordering of articles of special manufacture; the furnishing of drawings, plans and other data required under Subsection 105.03 for the review and approval of the Engineer; the inspection of structural steel fabrication; and the contemplated dates for the completion. The schedule shall be in a critical path method format. No schedule activity shall be shorter than one day or longer than 15 working days. The schedule must show interrelationships among the activities, and the controlling items of work throughout the project shall be identified. If requested by the Engineer, the contractor shall furnish information needed to justify activity time durations. Such information shall include estimated manpower, equipment, unit quantities, and production rates. The schedule shall illustrate the completion of the work not later than the contract completion date.
The contractor shall notify the Engineer in writing of proposed major changes in the progress schedule. Major changes are those that may affect compliance with the contract requirements or that change the critical path or controlling item of work.
The contractor shall furnish authorized signature forms and a list of the contractor's proposed subcontractors and major material suppliers.
Progress schedules shall have considered the time requirement for ordering articles of special manufacture to meet specific requirements of the work and Subsection 604-3.04 when structural steel fabrication inspection is required.
If the contract has a DBE requirement, the contractor shall submit copies of completed and signed DBE subcontracts, purchase orders, or invoices to the Department.
The contractor shall submit a traffic control plan in accordance with Subsection 701-1. The contractor shall designate an employee who is competent and experienced in traffic control to implement and monitor the traffic control plan. The qualifications of the designated employee must be satisfactory to the Engineer. Such designated employee shall have successfully completed a recognized traffic control supervisor training program. The traffic control supervisor training provided by the American Traffic Safety Services Association (ATSSA) or the International Municipal Signal Association (IMSA) shall be acceptable. Training through other programs must be approved in advance by the Engineer. The contractor shall submit proof that the proposed individual has completed an approved training program at the preconstruction conference. The training shall be current, and must be valid throughout the duration of the project. In order to remain current with the Department, the traffic control supervisor training shall be completed or renewed every four years.
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The contractor shall submit a safety plan and designate an employee as Safety Supervisor, in accordance with Subsection 107.08.
Both plans must be satisfactory to the Engineer.
During the preconstruction conference, the Engineer will designate a Department employee or employees who will be responsible to see that the traffic control plans and any alterations thereto are implemented and monitored to the end that traffic is carried through the work in an effective manner. If approved by the Engineer, the contractor may designate one employee to be responsible for both the traffic control and safety plans. The contractor shall not designate its superintendent as the responsible person for either the traffic control plan or the safety plan, unless approved by the Engineer.
If the project requires that contractor or State personnel to work from falsework, within shoring, or in any other hazardous area the contractor shall submit as part of the contractor's safety plan specific measures it will use to ensure worker safety.
The contractor shall also submit a program for erosion control and pollution prevention, as set forth in Subsection 104.09, on all projects involving clearing and grubbing, earthwork, structural work, or other construction, when such work is likely to create erosion or pollution problems.
If the contractor fails to provide the required submissions, the Engineer may order the preconstruction conference suspended until such time as they are furnished. Work shall not begin until the preconstruction conference has been concluded and the safety plan has been approved, unless authorized by the Engineer. The contractor shall not be entitled to additional compensation or an extension of contract time resulting from any delays due to such a suspension.
When the specifications require specific quality control measures for certain materials by referencing Subsection 106.04(C), the contractor shall designate a qualified employee as Quality Control Manager. The Quality Control Manager shall be responsible for the implementing and monitoring of the quality control requirements described in Subsection 106.04(C).
108.04 Prosecution and Progress: of the Standard Specifications is revised to read:
The contractor shall start the work in accordance with the requirements of Subsection 108.02. The contractor shall notify the Engineer at least 7 working days prior to beginning work.
Unless suspended, the work shall be diligently and continuously carried on to completion and the contractor agrees to provide at all times an adequate force of labor and sufficient materials and equipment to insure the completion of the contract within the time allowed.
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The progress of the work shall be at a rate sufficient to complete the contract in an acceptable manner within the time allowed. At a mutually convenient location and time, the contractor shall meet weekly with the Engineer to discuss construction activities; however, a meeting may be waived if mutually agreed to, due to weather conditions, work progress, or for other reasons. At the meetings, the contractor shall provide the Engineer with a detailed, written schedule of construction activities and phases of work for the forthcoming two week period as well as the construction activities which were performed during the previous week. This schedule shall detail the anticipated start dates and anticipated completion dates of work activities. The weekly schedule should reflect, at a minimum, all activities from the most recently updated project schedule. For work which was completed during the previous week, this schedule shall detail the actual start and completion dates of work activities as well as indicate the status of major ongoing activities. Upon the second occurrence of the contractor failing to provide an accurate schedule as describe herein and after written notification by the Engineer of the first occurrence, the Department will deduct $500 from the contractor’s progress payment per each occurrence thereafter. Minutes of the weekly meetings will be kept by the Engineer and a copy given to the contractor for review and acceptance.
Schedule changes requiring an increase in the Department's engineering personnel will not be put into effect for 10 days after the submission of weekly schedules detailing such activities, or until the Engineer has made arrangements for additional personnel, whichever is the shorter time.
Every 30 days throughout the contract or at any other time as requested by the Engineer, the contractor shall submit a revised progress schedule reflecting the actual progress of activities, all activity logic revisions, the anticipated completion dates of the major phases of work remaining, and the anticipated completion date of the work.
(108TIME, 10/12/01)
SECTION 108 - PROSECUTION AND PROGRESS:
108.08 Determination and Extension of Contract Time: the first paragraph of the Standard Specifications is revised to read:
The work included in this project shall be completed by February 1, 2021. The Contract Time will expire on this date.
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(108FCWT, 08/07/18)
SECTION 108 PROSECUTION AND PROGRESS:
108.09 Failure to Complete the Work on Time: the Schedule of Liquidated Damages table of the Standard Specifications is revised to read: SCHEDULE OF LIQUIDATED DAMAGES Original Contract Amount Liquidated Damages Per Day From More To and Calendar Day Workin Than: Including: or Fixed Date: g Day: $ 0 $ 100,000 $ 450 $ 450 100,000 500,000 780 870 500,000 1,000,000 1,030 1,250 1,000,000 2,000,000 1,200 1,800 2,000,000 5,000,000 1,750 2,830 5,000,000 10,000,000 2,510 4,130 10,000,000 20,000,000 3,400 5,030 20,000,000 30,000,000 3,400 6,240 30,000,000 60,000,000 6,820 6,440 60,000,000 90,000,000 10,740 9,500 90,000,000 ------10,740 13,500
(109FORCE, 02/20/08)
SECTION 109 MEASUREMENT AND PAYMENT:
109.04(D)(3)(a) Rental Rates (Without Operators): of the Standard Specifications is modified to add: The Rental Rate Blue Book adjustment factor (F) will be 0.933.
(109RET, 06/09/16)
SECTION 109 MEASUREMENT AND PAYMENT:
109.06(A) Partial Payments: the first paragraph of the Standard Specifications is revised to read:
If satisfactory progress is being made, the contractor will receive a payment each month based on the amount of work completed during the preceding month. The Department will prepare a draft monthly estimate for review by the contractor. The contractor shall work with the Engineer to finalize the monthly estimate. When the Engineer and the contractor have reached agreement, the final monthly estimate will be prepared and signed by the
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T contractor and the Engineer. The contractor’s signature constitutes a certification that the work was satisfactorily performed, meets the specifications, and the quantities reported are accurate regardless of whether the work was performed by the contractor or a subcontractor. The Engineer will submit signed monthly estimate for payment. Except as herein provided, the Department will not retain monies from the monthly payments.
109.06(B) Subcontractor Payments: of the Standard Specifications is revised to read:
(1) Retention:
If the prime contract does not provide for retention, the contractor and each subcontractor of any tier shall not withhold retention on any subcontract. If the prime contract provides for retention, the prime contractor and each subcontractor of any tier shall not retain a higher percentage than the Department may retain under the prime contract.
(2) No Set-offs Arising from Other Contracts:
If a subcontractor is performing work on multiple contracts for the same contractor or subcontractor of any tier, the contractor or subcontractor of any tier shall not withhold or reduce payment from its subcontractors on the contract because of disputes or claims on another contract.
(3) Partial Payment:
The contractor and each subcontractor of any tier shall make prompt partial payments to its subcontractors within seven days of receipt of payment from the Department. Notwithstanding any provision of Arizona Revised Statutes Section 28-6924, the parties may not agree otherwise.
(4) Final Payment:
The contractor and each subcontractor of any tier shall make prompt final payment to each of its subcontractors. The contractor and each subcontractor of any tier shall pay all monies, including retention, due to its subcontractor within seven days of receipt of payment. Notwithstanding any provision of Arizona Revised Statutes Section 28-6924, the parties may not agree otherwise.
(5) Payment Reporting and Sanctions:
For the purposes of this subsection “Reportable Contracts” means any subcontract, of any tier, DBE or non-DBE, by which work shall be performed on behalf of the contractor and any contract of any tier with a DBE material supplier.
The requirements of this subsection apply to all Reportable Contracts.
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Payment Reporting for all Reportable Contracts shall be done through the Department’s web-based DBE System. The DBE System can be accessed from the Department’s BECO website. No later than fifteen calendar days after the preconstruction conference, the contractor shall log into the Department’s web-based DBE system and enter or verify the name, contact information, and subcontract amounts for Reportable Contracts on the project. As Reportable Contracts are approved over the course of the contract, the contractor shall enter them in the system. Reportable contracts shall be entered into the system no later than five calendar days after approval by the Department.
The contractor shall report on a monthly basis indicating the amounts actually paid and the dates of each payment under any Reportable Contract on the project. In addition, the contractor shall require that all participants in any Reportable Contract electronically verify receipt of payment on the contract by the last day of the month and the contractor shall actively monitor the Department’s DBE System to ensure that the verifications are input. The contractor shall proactively work to resolve any payment discrepancies in the DBE System between payment amounts it reports and payment confirmation amounts reported by others.
The contractor shall ensure that all Reportable Contract activity is reported to the Department. This includes all lower-tier Reportable Contracts.
The contractor shall maintain records for each payment explaining the amount requested by the subcontractor, and the amount actually paid pursuant to the request, which may include but are not limited to, estimates, invoices, pay requests, copies of checks or wire transfers, and lien waivers in support of the monthly payments in the ADOT DBE System.
The contractor shall provide information for payments made on all Reportable Contracts during the previous month by the 15th day of the current month. In the event that no payments were made during a given month, the contractor shall identify that by entering a dollar value of zero. If the contractor does not pay the full amount of any invoice from a subcontractor, the contractor shall note that and provide the reasons in the comment section of the Monthly Payment Audit of the ADOT DBE System.
For each Reportable Contract on which the contractor fails to submit timely and complete payment information the Department will retain $1,000.00 as liquidated damages, from the monies due to the contractor. Liquidated damages will be deducted each month for each Reportable Contract on which the contractor fails to submit payment information until the contractor provides the required information as described herein. After 90 consecutive days of non-reporting, the liquidated damages will increase to $2,000.00 for each subsequent month, for each Reportable Contract on which the contractor fails to report until the information is provided. These liquidated damages shall be in addition to all other retention or liquidated damages provided for elsewhere in the contract.
The contractor shall ensure that a copy of this Subsection is included in every Reportable Contract of every tier.
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(6) Completion of Work:
A subcontractor's work is satisfactorily completed when all the tasks called for in the subcontract have been accomplished, documented, and accepted by the Department.
(7) Disputes:
If there is a discrepancy between what is reported by the contractor in the ADOT DBE System and what the subcontractor indicates an alert email will automatically be sent to the contractor. The email will be sent to the email address provided by the contractor in the Department’s DBE System. It is the contractor’s responsibility to ensure that the email address in the DBE System is kept current.
The contractor shall provide a verifiable explanation of the discrepancy in the DBE System as early as practicable but in no case later than seven days after the date of the alert email.
The Engineer will determine whether the contractor has acted in good faith concerning any such explanations. The Department reserves the right to request and receive documents from the contractor and all subcontractors of any tier, in order to determine whether prompt payment requirements are met.
The contractor shall implement and use the dispute resolution process outlined in the subcontract, as described in Subsection 108.01, to resolve payment disputes.
(8) Non-compliance:
Failure to make prompt partial payment, or prompt final payment including any retention, within the time frames established above, will result in remedies, as the Department deems appropriate, which may include but are not limited to:
(a) Liquidated Damages: These liquidated damages shall be in addition to all other retention or liquidated damages provided for elsewhere in the contract.
(i) The Department will withhold two times the disputed dollar amount not paid to each subcontractor. (ii) If full payment is made within 30 days of the Department’s payment to the contractor, the amount withheld by the Department will be released. (iii) If full payment is made after 30 days of the Department’s payment to the contractor, the Department will release 75 percent of the funds withheld. The Department will retain 25 percent of the monies withheld as liquidated damages.
(b) Additional Remedies. If the contractor fails to make prompt payment for three consecutive months, or any four months over the course of one
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project, or if the contractor fails to make prompt payment on two or more projects within 24 months, the Department may, in addition, invoke the following remedies:
(i) Withhold monthly progress payments until the issue is resolved and full payment has been made to all subcontractors, subject to the requirements of paragraph (a) above, (ii) Terminate the contract for default in accordance with Subsection 108.10, and/or (iii) Disqualify the contractor from future bidding, temporarily or permanently, depending on the number and severity of violations.
In determining whether liquidated damages will be assessed, the extent of the liquidated damages, or additional remedies assessed, the State Construction and Materials Engineer will consider whether there have been other violations on this or other contracts, whether the failure to make prompt payment was due to circumstances beyond the contractor’s control, and other circumstances. The contractor may, within 15 calendar days of receipt of the decision of the State Construction and Materials Engineer, escalate the decision to the State Engineer. If the contractor does not escalate the decision of the State Construction and Materials Engineer, in writing to the State Engineer, within 15 calendar days of receipt of the decision, the contractor will be deemed to have accepted the decision and there will be no further remedy for the contractor. If the contractor escalates the decision to the State Engineer, and the contractor does not agree with the State Engineer’s decision, the contractor may initiate litigation, arbitration or mediation pursuant to Subsection 105.21(D) and (E) of the Standard Specifications.
109.06(C) Payroll Submittals: of the Standard Specifications is revised to read:
The contractor shall submit payrolls electronically through the internet to the Department’s web-based certified payroll tracking system. This requirement shall also apply to every lower-tier subcontractor that is required to provide certified payroll reports.
If, by the 15th of the month, the contractor has not submitted its payrolls for all work performed during the preceding month, the Engineer will provide written notification of the discrepancies to the contractor. For each payroll document that the contractor fails to submit within 10 days after the written notification, the Department will retain $2,500.00 from the progress payment for the current month. The contractor shall submit each complete and correct payroll within 90 days of the date of written notification. If the payroll is complete and correct within the 90-day time frame, the Department will release the $2,500.00 on the next monthly estimate. For each payroll that is not acceptable until after the 90-day time frame, the Department will only release $2,000.00 of the $2,500.00 retained. The Department will retain $500.00 as liquidated damages. Such $500.00 retentions will not relieve the contractor of its responsibility to provide each required payroll, complete and correct, as specified above. These liquidated damages shall be in addition to all other retention or liquidated damages provided for elsewhere in the contract.
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109.07 Partial Payment for Material on Hand: the fifth paragraph of the Standard Specifications is hereby deleted.
(109LSUM, 10/28/08)
SECTION 109 MEASUREMENT AND PAYMENT:
109.10(A) General: of the Standard Specifications is modified to add:
The Department will compensate the contractor for construction of each of the following structures or groups of structures on the basis of a lump sum amount:
(A) LITTLE COLORADO RIVER BRIDGE STR # 416 (B) WATER CANYON CREEK 6’x7’ RCBC
109.10(D) Payment: the last paragraph of the Standard Specifications is revised to read:
Payments made for structural concrete will be adjusted, in accordance with the provisions of Subsection 1006-7.06(B), for material which fails to meet the required 28-day compressive strength when sampled in accordance with the requirements of Subsection 1006-7.
(201CLGB, 10/18/10)
SECTION 201 CLEARING AND GRUBBING:
201-3.02 Removal and Disposal of Materials: the second and third paragraphs of the Standard Specifications are revised to read:
In the disposal of all tree trunks, stumps, brush, limbs, roots, vegetation and other debris, the contractor shall comply with the requirements of Title 49, Chapter 3, of the Arizona Revised Statutes, and with the Rules and Regulations for Air Pollution Control, Title 18, Chapter 2, Article 6, adopted by the Arizona Department of Environmental Quality pursuant to the authority granted by the Arizona Administrative Code.
Burning will be permitted only after the contractor has obtained a permit from the Arizona Department of Environmental Quality and from any other Federal, State, County or City Agency that may be involved.
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(202RMVL, 10/03/14)
SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS:
202-3.07 Removal of Embankment Curb: the second paragraph of the Standard Specifications is revised to read:
Asphaltic concrete obtained from sources approved by the Engineer shall be used to fill and repair voids on the existing pavement surface that result from the removals.
202-3.09 Removal of Guardrail: the first paragraph of the Standard Specifications is revised to read:
All guardrail to be removed shall become the property of the contractor unless otherwise specified on the project plans. Guardrail removal shall include complete removal of posts, concrete foundations, and foundation tubes, and subsequent backfill of the remaining holes with moist soil in compacted lifts, as approved by the Engineer.
202-5 Basis of Payment: the first paragraph of the Standard Specifications is revised to read:
Payment for the accepted quantities of removal of structures and obstructions will be made by lump sum or by specific removal items or by a combination of both. Payment for removal of structures and obstructions not listed in the bidding schedule, but necessary to perform the construction operations designated on the project plans or specified in the Special Provisions shall be considered as included in the prices of contract items.
When saw cutting is not included as a contract pay item, full compensation for any saw cutting necessary to perform the construction operations designated on the plans shall be considered as included in the price of contract items.
(203ERWK, 03/23/11)
SECTION 203 EARTHWORK:
203-5.03(B)(4) Compaction of Backfill: the first paragraph of the Standard Specifications is revised to read:
Each layer of structure backfill material shall be compacted to at least 100 percent of the maximum density as determined in accordance with the requirements of the applicable test methods of the ADOT Materials Testing Manual, as directed and approved by the Engineer.
203-5.03(C) Geocomposite Wall Drain: the first sentence of the first paragraph of the Standard Specifications is revised to read:
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Geocomposite wall drains shall be installed on the soil side of abutment walls, retaining walls, and culvert wing walls. If shown on the plans, geocomposite wall drains shall also be installed on the soil side of culvert sidewalls.
ITEM 2030502 STRUCTURAL EXCAVATION (SCOUR RETROFIT):
Description:
The work under this item shall consist of furnishing all equipment, materials and labor for excavating the existing channel of the Little Colorado River in preparation of installation of the scour protection system and includes backfill required after completion of the scour protection system to restore the river channel to the existing conditions.
Construction Requirements:
Prior to beginning excavation, the contractor shall survey the area to be excavated and determine the elevation and existing cross-section. This work will be paid under Item 9250001 Construction Surveying and Layout.
Following construction of the scour protection system, the contractor shall cover the scour protection system and re-grade the disturbed areas of the channel as directed by the Engineer. This may be done with the excavated material, or with other materials the Engineer determines to be suitable. No rocks over six inches in largest dimension, organic materials, or other material deemed objectionable by the Engineer shall be placed within 12 inches of the scour system. Backfill shall not begin before the concrete of the scour protection system has attained the required strength.
If there is any standing water on the project site or if any water is encountered during excavation, the contractor shall be responsible for any necessary dewatering.
Excess material shall be disposed of in accordance with the requirements of Section 203- 3.03 (E) of the Standard Specifications.
Method of Measurement:
The quantity of structural excavation will be calculated by the cubic yard in place, using the actual field measured dimensions as described above.
Basis of Payment:
The accepted quantity of structural excavation, measured as provided above, will be paid for at the contract unit price. The prices shall include the excavation necessary to construct the scour countermeasures, removal of the material from the stream bed to the designated
Page 95 of 248 Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T storage area if necessary, placing the excavated material back on top of the floor, re- grading the channel as directed by the Engineer, and disposal of excess material is necessary.
(207DSP, 02/20/08)
SECTION 209 FURNISH WATER: of the Standard Specifications is hereby deleted.
SECTION 207 BLANK of the Standard Specifications is revised to read:
SECTION 207 DUST PALLIATIVE:
207-1 Description:
The work under this section shall consist of applying all water required for the control of dust as considered necessary for the safety and convenience of the traveling public, and for the reduction of the dust nuisance to adjacent property.
207-2 Blank
207-3 Construction Requirements:
The use of pressure pumps and spray bars on all sprinkling equipment used for the application of dust palliative will be required. The use of gravity flow spray bars and splash plates will not be permitted. Water applied for dust control shall be as approved or directed by the Engineer. The contractor shall provide appropriate equipment for effective control of dust.
207-4 Method of Measurement and Basis of Payment:
No measurement will be made for application of dust palliative, including furnishing water and all necessary equipment and labor, the cost being considered as included in contract items.
(610PNT, 08/29/12)
SECTION 610 PAINTING:
610-1 Description: of the Standard Specifications is revised to read:
The work under this section shall consist of furnishing paint and other materials and painting concrete, structural steel, or other surfaces where shown on the plans in accordance with the requirements of the specifications. The work shall include preparation of the surfaces to
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T be painted, the protection and drying of the paint coatings and the protection of pedestrian, vehicular or other traffic near or under the work from paint spatter and disfigurement.
610-3.02(A)(1) Blast Cleaning: the last sentence of the first paragraph of the Standard Specifications is revised to read:
Blast cleaning shall leave all surfaces with a dense, uniform anchor pattern or profile of 1.0 to 3.0 mils, as measured with an approved surface profile comparator or pressed film replica tape.
610-3.02(A)(4) Water Blast Cleaning: the next to last sentence of the first paragraph of the Standard Specifications is revised to read:
All the surfaces to be coated shall be power washed with a water pressure of not less than 2000 psi and not greater than 5000 psi.
610-3.03 Application: the first two paragraphs of the Standard Specifications are revised to read:
Painting shall be accomplished in a neat and professional manner.
For painting metal surfaces, paint shall normally be applied by spraying with limited use of hand brushes or rollers.
610-3.03 Application: the last paragraph of the Standard Specifications is revised to read:
For painting concrete surfaces, the contractor shall apply all paint applications to a test specimen or to the concrete surface, according to Application Plan, for the subsequent approval of the Engineer. The contractor shall refinish the test inspection areas to match the paint finish of the surrounding concrete surfaces.
610-3.04 Protection Against Damage: the second paragraph of the Standard Specifications is revised to read:
Paint which results in an unsightly appearance on surfaces not designated to be painted shall be removed or obliterated as approved by the Engineer.
610-3.05(A)(1) General: the first paragraph of the Standard Specifications is revised to read:
All surfaces of new metals shall be painted with one shop coat (primer) and two field coats (the intermediate coat and topcoat), unless otherwise specified.
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All paints used shall be appropriately chosen from among the types described in Subsections 1002-2.01 through 1002-2.05 and shall conform to the requirements given therein.
610-3.05(A)(2) Primer: the first paragraph of the Standard Specifications is revised to read:
The dry film thickness of the primer shall not be less than 2.0 mils, and be sufficient to cover the blast profile pattern.
610-3.05(A)(2) Primer: the first sentence of the fifth paragraph of the Standard Specifications is revised to read:
As soon as practicable after being accepted by the Engineer and prior to removal from the shop, machine-finished surfaces shall be coated with a rust inhibitor which can easily be removed.
610-3.05(A)(3) Intermediate Coat: the first sentence of the first paragraph of the Standard Specifications is revised to read:
The intermediate coat shall be appropriately tinted to contrast with the primer.
610-3.05(A)(4) Topcoat: the first paragraph of the Standard Specifications is hereby deleted:
610-3.05(B) Concrete Surfaces: the first paragraph of the Standard Specifications is revised to read:
When painting is specified on the plans or in the special provisions, paint conforming to the requirements of Subsection 1002-2.06, shall be applied to the exposed concrete surfaces tabulated below, except that sidewalks, appurtenant curbs, downdrains, and bridge deck surfaces shall be excluded.
610-3.06 Painting Damaged Galvanized Coating: of the Standard Specifications is revised to read: Damaged areas of galvanized coating shall be roughened by sanding or acid treatment. The roughened areas shall be painted with two coats of zinc-rich primer, conforming to the requirements of Subsection 1002-2.02.
610-4 Blank: the title and text of the Standard Specifications are revised to read:
610-4 Field Adhesion Testing:
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Random adhesion testing of the completed paint finish may be performed by the Department after a minimum of 30 days from the time of application.
If adhesion testing is performed, it will be done according to one or both of the following methods and shall meet the respective requirements. When testing is performed in accordance with ASTM D 4541, Method E, a strength of at least 100 psi is required. When testing is performed in accordance with ASTM D 3359, Method A, a rating of 3A or higher is required.
(701PDMPT, 10/09/19)
SECTION 701 MAINTENANCE AND PROTECTION OF TRAFFIC:
701-1 Description: the first and third paragraphs of the Standard Specifications are revised to read:
The work under this section shall consist of providing flagging services and pilot trucks, and furnishing, installing, maintaining, moving and removing barricades, warning signs, lights, signals, cones, and other traffic control devices to provide safe and efficient passage through and/or around the work and to protect workers in or adjacent to the work zone. The work shall be done in accordance with the requirements of Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD) and the associated Arizona Department of Transportation supplement. When referred to herein, these documents will be referred to as MUTCD and associated ADOT Supplement.
When a traffic control plan is included in the project plans, this plan shall govern unless an alternate plan, acceptable to the Engineer, is submitted by the contractor. If no traffic control plan is provided or if the contractor desires to deviate from the provisions for maintaining traffic as described in this section, it shall submit to the Engineer for approval a proposed sequence of operations and a compatible method of maintaining traffic.
The contractor’s submittal shall be prepared by an individual meeting one of the following criteria:
(a) Has successfully completed a recognized traffic control supervisor training and certification program. The traffic control supervisor training and certification provided by the American Traffic Safety Services Association (A.T.S.S.A.) or the International Municipal Signal Association (IMSA) shall be acceptable. Training and certification through other programs must be approved in advance by the Engineer. The individual’s training and certification shall be current and must be valid throughout the duration of the project. In order to remain current with the Department, training and certification shall be completed or renewed at least once every four years.
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(b) Be a licensed professional engineer registered in the State of Arizona and have completed an approved traffic control supervisor training program, as specified in Subsection 108.03. The training shall be current and must be valid throughout the duration of the project. In order for the training to remain current with the Department, it shall be completed or renewed every four years.
The contractor shall submit proof of the proposed individual’s credentials at the preconstruction conference. The contractor bears all responsibility for any such contractor- submitted traffic control plan, whether prepared by its direct employee or other individual.
The contractor’s proposal shall be submitted early enough to allow at least two weeks for review and approval before use of the proposed traffic control plan.
701-2.01(B)(1) General Requirements: item (d) of the second paragraph of the Standard Specifications is revised to read:
(d) The name, title and signature of a person having legal authority to bind the manufacturer or supplier of the Category I and II devices. The binding authority shall be in accordance with the applicable requirements of Subsection 106.05(B).
701-2.03 Temporary Concrete Barrier: the second paragraph of the Standard Specifications is revised to read:
The contractor shall provide, at the preconstruction conference, a certificate of compliance, conforming to the requirements of Subsection 106.05, stating that any temporary concrete barrier to be used on the project conforms to Signing and Marking Standard Drawing C-3. The contractor shall include the project number on the submittal.
701-2.04 Temporary Impact Attenuation Devices: the second paragraph of the Standard Specifications is revised to read:
Temporary impact attenuation devices shall also meet evaluation criteria for Test Level 3 per NCHRP (National Cooperative Highway Research Program) Report 350, or for Test Level 3 per MASH (AASHTO Manual for Assessing Safety Hardware). The contractor shall provide, at the preconstruction conference, a certificate of compliance, conforming to the requirements of Subsection 106.05, certifying that any temporary impact attenuation devices to be used on the project will meet the above requirement. The contractor shall include the project number on the submittal.
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701-2.05 Temporary Pavement Markings:
(A) Pavement Marking Paint: of the Standard Specifications is hereby deleted.
701-2.08 Barricades: the title and second paragraph of the Standard Specifications are revised to read:
701-2.08 Barricades and Other Channelizing Devices:
All sheeting for barricades and other channelizing devices shall conform to the requirements of Section 1007.
701-3.05 Temporary Pavement Markings (Application and Removal):
(A) General: the second paragraph of the Standard Specifications is hereby deleted
(C) Preformed Pavement Markings: the first and third paragraphs of the Standard Specifications are revised to read:
Preformed pavement markings for temporary applications shall be Type II (Temporary- Removable) and III (Temporary-Nonremovable) and shall conform to the requirements of Section 705 of the specifications.
Preformed Pavement Markings, Type III, shall only be used where removal of markings is not required due to obliteration, abandonment or overlaying the pavement surface.
701-3.07 Truck-Mounted and Trailer-Mounted Attenuators:
The contractor shall provide trucks and truck-mounted attenuators, or trailer-mounted attenuators and host vehicles, at the locations shown on the project plans and/or as directed by the Engineer.
Attenuators shall meet either NCHRP Report 350, Test Level 3 criteria, or MASH (Manual for Assessing Safety Hardware), Test Level 3 criteria, passing both mandatory and optional tests. The truck and attenuator combination shall only be used in the configuration tested. Either the truck or attenuator shall have a sequential arrow display panel or changeable message board.
Attenuators that require chocking or blocking of the vehicle to meet NCHRP Report 350 or MASH certification shall not be used.
Attenuators shall have rear-mounted, retroreflective chevron stripes and a standard trailer lighting system, including brake lights, turn signals, ICC-bar lights, and two yellow rotating
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T beacons, strobe lights, or LED lights mounted on opposite rear corners of the truck or attenuator approximately 4-1/2 feet above the bottom of the tires. A Type C arrow panel or changeable message board shall be provided and shall be installed in accordance with the NCHRP 350/ MASH Crashworthiness Certification or FHWA Letter of Acceptance. There shall be a minimum of seven feet from the roadway to the bottom of the panel or board. Frame work shall be an integral part of the truck and be permanently mounted in such a way as to prevent the unit from separating from the truck in the case of a collision.
For each proposed truck-mounted or trailer-mounted attenuator, the contractor shall provide a Certificate of Compliance, in accordance with Subsection 106.05, to the Engineer for approval prior to use. For truck-mounted attenuators, the certificate shall also include the certified weigh bill for the truck, and for trailer-mounted attenuators the certificate shall state the minimum weight for the host vehicle. The certificate shall state that the attenuator meets the specified criteria, and shall clearly state the roll-ahead distance. When trucks require ballasting to comply with NCHRP 350/MASH Crashworthiness Certifications, the contractor shall provide a letter from the owner supplying the attenuator and truck stating that the ballast is in compliance with the manufacturer’s recommendations and that it is anchored to the truck frame. The letter shall be on the supplier’s official company letterhead and shall include:
(1) the current name, address, and phone number of the supplier of the attenuator,
(2) a statement that the individual signing the letter has the legal authority to bind the supplier,
(3) the name, title and signature of the responsible individual, and
(4) the date of the signature.
A copy of the Certificate of Compliance and if required, the letter regarding ballast shall be kept in the truck cab or host vehicle, available for immediate inspection when requested by the Engineer.
When in use for attenuation, trucks shall be used exclusively for attenuators. When in use for attenuation, such trucks shall not be used to carry or store equipment or devices, secured or unsecured. No modification in configuration or use shall be allowed without a resubmitted certified weigh bill for the Engineer’s approval.
Truck-mounted or trailer-mounted attenuators used as shadow vehicles per the MUTCD shall be positioned at a distance greater than the roll-ahead distance in advance of the workers or equipment being protected so that there will be sufficient distance, but not so much that errant vehicles will travel around the shadow vehicle and strike the protected workers and/or equipment.
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The contractor shall cease operations when a truck-mounted or trailer-mounted attenuator is damaged. The contractor shall not resume operations until the attenuator has been repaired or replaced, unless authorized by the Engineer.
701-3.08 Changeable Message Board: of the Standard Specifications is revised to read:
Changeable message boards shall be furnished and maintained by the contractor at the locations shown on the plans and as specified by the Engineer. The operations and messages programmed into the board controller shall be as directed by the Engineer. The changeable message board shall be a complete and operational portable unit which shall consist of a wheeled trailer with an adjustable, changeable message board, board message controller and self-contained power supply.
The power supply for the changeable message board shall be a fully independent self-contained trailer-mounted system. The changeable message board power supply shall be battery operated and rechargeable from a solar panel mounted above the changeable message board.
The message characters shall be delineated by either electromagnetically actuated reflective dots or optically enhanced light emitting diode pixels (LED) operating under the control of a digital computer.
The contractor shall submit, at the pre-construction conference, a Certificate of Compliance that the changeable message board to be used on this project shall be as described herein.
The character formation system and components shall conform to the following requirements:
(1) The changeable message board shall be programmable, and shall be capable of displaying a minimum of three lines of message copy, with a minimum of eight characters per line, in various alphanumeric combinations.
(2) The changeable message board matrix configuration shall be 35 dots or pixels per character in a five horizontal by seven vertical arrangement of the dots or pixels.
(3) The dot or pixel size shall be a 2.5-inch high by 1.625-inch wide rectangle (minimum), or equivalent area.
(4) Each character shall be 18 inches in height and 12 inches in width (minimum).
(5) The horizontal character separation shall be three inches or more.
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(6) Dot color shall be fluorescent yellow upon activation and flat black when not activated. The LED pixels shall emit amber light upon activation and be dark when not activated.
(7) The line separation shall be five to 12 inches.
(8) Changeable message boards shall be protected with a clear lexan-type or equivalent shield that shall not interfere with or diminish the visibility of the sign message.
(9) The programmable message board shall be capable of displaying moving arrow patterns as one of the operator-selected programs.
(10) The message board shall also be capable of displaying up to two messages in sequence, with variable timing in a minimum of quarter-second increments.
(11) The message board shall be clearly visible and legible from a distance of 800 feet under both day and night conditions. The dot-matrix board shall have an internal illumination system that shall automatically activate under low light conditions to achieve the visibility requirements. The LED-pixel matrix board shall adjust light output (pulse width modulation) to achieve the visibility requirements.
(12) The power supply achieved from the battery and solar panel recharging system shall have sufficient capacity to operate the changeable message board for a minimum of 20 days without direct sunshine. The solar panel array shall be capable of recharging the batteries such that 2.5 to 3.5 hours of direct sunshine shall provide for a minimum of one 24-hour period of usage. Additionally, the battery recharging controller shall have an ambient temperature sensing device which will automatically adjust the voltage supplied from the solar panels to the batteries. The sensing device shall ensure that the batteries are properly charged in hot or cold weather and shall provide the sign with sufficient power to operate the sign as specified.
When in operation, the changeable message board trailer shall be offset a minimum of eight feet from the nearest edge of pavement. If the trailer is located behind temporary concrete barrier, a minimum offset of six feet will be required. Should the specified shoulder width not be available, a minimum two-foot offset from the nearest edge of pavement or temporary concrete barrier shall be required. When positioned on the highway, the changeable message board trailer shall be delineated with a minimum of 10 Type II barricades or vertical panels with Type C steady burn lights at a spacing of 10 to 20 feet, or as shown on the approved traffic control plan.
When not in operation, the changeable message board shall be moved a minimum of 30 feet from the edge of pavement.
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The changeable message board trailer shall be placed on a level surface and be secured as recommended by the manufacturer and as directed by the Engineer. The contractor shall provide any necessary incidental grading and clearing work required to provide a level surface and clear area for the sign.
701-3.10 Sign Sheetings: of the Standard Specifications is revised to read:
Sign sheeting for all temporary work zone signs shall conform to the requirements of Section 1007.
701-3.13 Flagging Services: of the Standard Specifications is revised to read:
Flagging services shall consist of either civilian, local enforcement officers and their vehicles, or DPS (Department of Public Safety) officers and their vehicles. The Engineer will determine the type of flagger needed, and may adjust the relative number of hours of each type of flagger specified in the traffic control plan.
If available, only DPS officers shall be used on Interstate Highways and Urban Freeways. DPS officers shall also be used on other construction projects except when a local law enforcement agency has jurisdiction, in which case a local law enforcement officer and vehicle shall be used.
The contractor shall be responsible to procure civilian flaggers, DPS officers, and local enforcement officers. When procuring DPS officers, the contractor shall contact DPS at least two business days before flagging services will be required. Such contact must be made between the hours of 7:00 A.M. and 5:00 P.M. (M.S.T.). In the event that local enforcement officers or DPS officers are temporarily unable to provide flagging services, the contractor shall ensure that traffic control is maintained and all personnel are protected, either by providing civilian flaggers or through other means as approved by the Engineer. No adjustments to the contract will be allowed for any delays resulting from the unavailability of local enforcement officers or DPS officers. A DPS or local enforcement officer shall not work more than 12 consecutive hours unless an emergency situation exists which, in the opinion of the Engineer, requires that the officer remain in the capacity of a flagger.
The contractor shall furnish verification to the Engineer that all civilian flaggers have completed a recognized training and certification program. Flaggers certified by the American Traffic Safety Services Association (A.T.S.S.A.) or by the National Safety Council shall be acceptable. Certification through other programs offering flagger training must be approved by the Engineer. Flagger certification must be current. Training and certification shall be required at least once every four years.
701-4.03(E) Limitation of Measurement: the second paragraph of the Standard Specifications is revised to read:
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Measurement will be made after the initial installation and once weekly thereafter for items in continuous use and at any other times changes are made in the use of traffic control elements listed under Subsection 701-4.01(B). The contractor shall notify the Engineer when any changes are made in the use or location of traffic control elements.
701-4.04 Measurement of Work Elements: Sub-paragraph (A) of the Standard Specifications is revised to read:
(A) Temporary concrete barrier will be measured by the linear foot along the center line of the uppermost surface upon its initial installation (Complete-in-Place), and upon any subsequent relocations, as defined in Subsection 701-5.01. Barrier will be measured by linear foot for each 24-hour day for the "In-Use" condition.
701-4.04 Measurement of Work Elements: Sub-paragraph (C) of the Standard Specifications is revised to read:
(C) Truck-Mounted Attenuators, including driver, and Trailer-Mounted Attenuators, including host vehicle and driver, will be measured by the day for each 24-hour day that a truck-mounted or trailer-mounted attenuator and operator are used to protect the work site.
701-4.04 Measurement of Work Elements: Sub-paragraph (F) of the Standard Specifications is revised to read:
(F) Civilian flagging services will be measured by the hour for each hour that a civilian flagger is provided. Flagging services by DPS officers and local enforcement officers will be measured for each hour that a uniformed, off-duty DPS officer or law enforcement officer with vehicle is employed directly by the contractor as a flagger within the project limits, when authorized in advance by the Engineer. Quantities will be rounded to the nearest 0.5 hour. Civilian, DPS, or local enforcement flagging services and traffic control devices required to permit contractors' traffic to enter safely into normal traffic within the project limits will be paid under their respective items. Flaggers required by a written local permit agreement will be measured for payment under this item. Additional civilian, DPS, or local enforcement flagging services used within the project limits shall be measured for payment under this item, subject to the approval of the Engineer.
Civilian, DPS, or local enforcement flagging services and traffic control devices used outside the project limits will be measured under their respective items. The Department will pay 50 percent of the unit bid price for such flaggers and traffic control devices used as described in this paragraph, subject to the approval of the Engineer. The project limits are defined as the construction
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work zone as shown on the approved traffic control plan for the specific section of highway under construction.
701-4.04 Measurement of Work Elements: Sub-paragraph (H) of the Standard Specifications is hereby deleted.
701-5.01 Temporary Concrete Barrier (Installation and Removal): of the Standard Specifications is revised to read:
Temporary concrete barrier, measured as provided above, will be paid for at the contract unit price, which price shall be full compensation for the work, complete in place, as specified herein and as shown on the plans, including furnishing, placing, dismantling, and removal. The price bid shall also include any required connection devices, barrier markers, and glare screen.
Fifty percent of the contract unit price for temporary concrete barrier will be paid upon satisfactory installation.
Should it be necessary to dismantle, pick up and relocate a portion of the barrier installation during construction, whether laterally or vertically, that portion of the removed and relocated barrier will be considered a new installation and paid for at 100 percent of the contract unit price.
Fifty percent of the contract unit price will be paid upon final removal.
No payment will be made for portions of the barrier which the contractor can adjust or realign without dismantling and picking up, such cost being considered as included in the bid price for Temporary Concrete Barrier "Installation and Removal." The Engineer will be the sole judge as to whether devices are to be dismantled, picked up and reinstalled, or are to be adjusted or realigned.
701-5.02 Temporary Impact Attenuators (Installation and Removal): of the Standard Specifications is revised to read:
Temporary Impact Attenuation Devices shall include Sand Barrels and Energy Absorbing Terminals. Temporary Impact Attenuation Devices, measured as provided above, will be paid for at the contract unit price, which price shall be full compensation for the work, complete in place, as specified herein and as shown on the plans, including furnishing the devices with replacement parts, installing, removing and stockpiling the devices.
Fifty percent of the contract unit price for temporary impact attenuators will be paid upon satisfactory installation.
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Should it be necessary to dismantle, pick up and reinstall attenuation devices during construction, the work of removing and reinstalling the devices will be considered a new installation and paid for at 100 percent of the contract unit bid price.
Fifty percent of the contract unit price will be paid upon final removal.
The Engineer will be the sole judge as to whether devices are to be dismantled, picked up and reinstalled or are to be adjusted or realigned. No additional payment will be made for devices which are adjusted or realigned, the cost being considered as included in the contract unit price paid for Temporary Impact Attenuator "Installation and Removal."
Measurement and payment for furnishing materials, equipment and labor and repairing attenuation devices that are damaged by the traveling public will be made in accordance with the requirements of Subsection 109.04 of the specifications.
No measurement or direct payment will be made for furnishing replacement parts and repairing devices damaged by other than the traveling public.
701-5.04 Temporary Painted Pavement Markings: of the Standard Specifications is hereby deleted.
701-6.05 Truck-Mounted Attenuators: of the Standard Specifications is revised to read:
The accepted quantities of truck-mounted attenuators or trailer-mounted attenuators, measured as provided above, will be paid for at the unit bid price for truck-mounted attenuators per day of work site protection, which rate shall be full compensation for the work, complete, including, but not limited to, furnishing all materials; equipment; attached arrow panel or changeable message board; and labor (including the operator); and maintaining and repairing the truck and truck-mounted attenuator, or trailer-mounted attenuator and host vehicle, as specified herein and on the project plans. No adjustment to the unit bid price for truck-mounted attenuators will be made when trailer-mounted attenuators are provided, such price being considered as full compensation for the work, as specified herein, regardless of which type of attenuator is used to protect the work site. It shall be the contractor's responsibility to replace any damaged or destroyed parts of the truck-mounted attenuator or trailer-mounted attenuator and host vehicle at no additional cost to the Department.
701-6.06 Flashing-Arrow Panels, and Changeable Message Boards: the second paragraph of the Standard Specifications is revised to read:
The accepted quantities of changeable message boards, measured as provided above, will be paid for at the unit bid price per day, which price shall be full compensation for the work, complete, including incidental grading; furnishing, operating, maintaining, and relocating the boards on the work site; and providing all necessary labor. Signs, sign stands, Type II
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T barricades, or vertical panels and lights that are used to delineate changeable message boards shall be paid for at the respective unit bid prices.
701-6.07 Pilot Services, and Flagging Services: the last paragraph of the Standard Specifications is revised to read:
The accepted quantities of flagging services provided by the DPS officers, measured as provided above, will be paid for at the predetermined hourly rate of $65.26, as shown in the bidding schedule. Of this amount, $44.00 per hour shall be remitted to the DPS officer, and $12.75 per hour shall be remitted to DPS. The remaining $8.51 per hour represents profit and overhead for both the prime contractor and subcontractor. Such price shall be considered full compensation for the work. No additional payment will be made for costs in excess of the predetermined rate, for overtime hours, and for travel time to and from the project, such costs being considered as included in contract items.
(708WPM, 09/06/19)
SECTION 708 PERMANENT PAVEMENT MARKINGS: the title and text of the Standard Specifications are revised to read:
SECTION 708 WATERBORNE PAVEMENT MARKINGS:
708-1 Description:
The work under this section shall consist of cleaning and preparing the pavement surface, furnishing all materials, and applying white or yellow, waterborne, fast-dry or rapid-dry traffic paint, and reflective glass beads at the locations and in accordance with the details shown on the plans, MUTCD, and associated ADOT Supplement, the requirements of these specifications, or as directed by the Engineer.
708-2 Materials:
708-2.01 Pavement Marking Paint:
(A) General:
All material used in the formulation of the pavement marking paint shall meet the requirements specified herein. Any materials not specifically covered shall meet the approval of the Engineer.
Only waterborne traffic paint that has been reviewed, evaluated, and approved by the ADOT Product Evaluation Program or equal, prior to the bid opening of each respective project, shall be used.
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Copies of the most recent version of the Approved Products List (APL) are available on the internet from the ADOT Research Center through its Product Evaluation Program.
Certificates of Compliance conforming to the requirements of Subsection 106.05 shall be submitted along with precertification test results from the ADOT Central Laboratory for samples from each batch of material obtained for precertification at the production line of the manufacturer.
(1) Waterborne Pavement Marking Paint: Type I (Standard)
Type I (Standard) waterborne pavement marking paint shall be the traffic paint for long line and short line striping, arrows, symbols, and legends. Type I shall be used:
(a) For temporary traffic control;
(b) At the end of the construction work shift if the roadway is open to traffic over an intermediate layer of pavement while the final lift or layer of pavement has not been placed yet;
(c) As a primer on the final lift or layer of pavement 30 days prior to the application of the durable pavement marking materials;
(d) During Construction on pavement that will not be resurfaced. Two applications of waterborne paint may be used, allowing 30 to 60 days between applications.
Type I paint shall be capable of performing as specified herein when subjected to high traffic volumes and severe wear conditions such as repeated crossing, starting, stopping, and turning movements.
(2) Waterborne Pavement Marking Paint: Type II (High-build)
Type II (High-build) waterborne pavement marking paint shall be used for long line and short line striping, arrows, symbols, and legends. Type II shall be used for temporary traffic control that needs to be in place for at least 180 days, and between two construction seasons.
Type II paint shall be capable of performing as specified herein when subjected to two- season projects, high traffic volumes, and severe wear conditions such as repeated crossing, starting, stopping, and turning movements.
(B) Composition Requirements:
The pavement marking paint shall be a ready-mixed, one component, waterborne traffic line paint of the correct color, to be applied to either asphaltic or Portland cement concrete
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T pavement. The composition of the paint shall be determined by the manufacturer. It will be the manufacturer’s responsibility to produce a pigmented waterborne paint containing all the necessary co-solvents, dispersant, wetting agents, preservatives and all other additives, so that the paint shall retain its viscosity, stability and all of the properties as specified herein.
Lead concentrations shall not exceed 0.009 percent by weight (90 ppm) using test method ASTM D3335-85a. The manufacturer shall certify that the product contains no detectable concentrations of:
Antimony Arsenic Cadmium Mercury Chromium, Inorganic Chromium, Hexavalent Toluene, Chlorinated solvents, Hydrolyzable chlorine derivatives, Ethylene-based glycol ethers and their acetates, A carcinogen as defined in 29 CFR 1910.1200.
(C) Manufacturing Formulations:
The manufacturer shall formulate the pavement marking paint in a consistent manner and notify the Engineer of any change of formulation. The formulation of the paint shall be determined by the manufacturer. It will be the manufacturer’s responsibility to formulate paint which will meet the quantitative and qualitative requirements of this specification. Any change in the formulation of the paint shall be approved by the Engineer.
(D) Quantitative Requirements of Mixed Paints:
Table 708-1 Characteristic White Yellow Pigment: Percent by weight, ASTM D 3723, ± 2.0 ± 2.0 Allowable variation from the qualifying sample
Non-Volatile Content/Non-Volatile Vehicle Percent by weight, ASTM D 2369, ± 2.0 ± 2.0 Allowable variation from the qualifying sample
Viscosity: Krebs Units at 77± 1°F, ASTM D 562 70 – 85 70 – 85
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Table 708-1 Characteristic White Yellow Weight per Gallon: Pounds per gallon 77± 1°F, ASTM D 1475, ± 0.3 ± 0.3 Allowable variation from the qualifying sample
Vehicle Composition: Vehicle Infrared Spectra, ASTM D 2621, None None allowable variation from the qualifying sample
PH: ASTM E 70, ± 1.0 ± 1.0 Allowable variation from the qualifying sample
Fineness of Dispersion: 3.0 3.0 HEGMAN, minimum, ASTM D 121
Volatile Organic Compounds: Pounds per gallon of paint, maximum, ASTM D 3960 2.1 2.1 according to 7. 1. 2.
Flash Point: 100 100 Degrees F., minimum, ASTM D 93, Method A
Dry Time to No Pick Up: 10 10 With no beads: minutes, maximum, ASTM D 711
Dry Through Time: Minutes, ASTM D 1640 except no thumb pressure is used 20 20 when thumb is rotated 90° on the paint film
Flexibility: ASTM D 522, Method B: Flexibility shall be tested per ASTM D 522, Method B. Draw down the paint to a wet film thickness of 0.005 inches (0.13mm) on a clean bare cold-rolled steel panel. Air-dry for 24 hours at standard conditions then bake for 5 Pass Pass hours at 221 °F +/- 3 °F (105 °C +/- 2 °C) and finally condition the panel for 30 minutes at standard conditions. When tested as specified the paint film shall not crack, chip, or flake after the test panel is bent over a ½ inch (13 mm) diameter, cylindrical mandrel.
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T
(E) Qualitative Requirements:
(1) Color of Yellow Paint:
The color of the yellow paint shall closely match Federal Standard 595b, Color No. 33538.
(2) Dry Opacity:
Dry opacity for the paint will be determined using a black-white Leneta Chart, Form 2C Opacity, or equal, and a calibrated reflectance meter capable of determining reflectance to the nearest 1 percent. Using a 10 mil gap doctor blade, a film of paint is drawn down, covering both black and white portions of the chart on a vacuum plate. The film shall be allowed to dry 24 hours. After calibrating the meter according to the manufacturer's instructions, measure the reflectance over the white and black portions according to the manufacturer’s instructions. Dry Opacity for both white and yellow paint shall be at least 0.90.
(3) Yellowness Index:
Yellowness Index for white paint will be determined as described for dry opacity, only use a 15-mil gap doctor blade to draw down the paint. Calculate the Yellowness Index in accordance with ASTM E313. Yellowness Index for the white paint shall be a maximum of 10.
(4) Reflectance:
Reflectance for both white and yellow paint will be determined using the same 15-mil draw- down film as for the Yellowness Index. For white paint the same sample may be utilized for both the Yellowness Index and Reflectance. Measure the reflectance of the paint film using the reflectance meter according to the manufacturer’s instructions. Reflectance for the white paint shall be at least 85. Reflectance for the yellow paint may range from 42 to 59, inclusive.
(5) UV Color Durability:
UV Color Durability shall be determined using a QUV Weatherometer, with Ultra Violet Light and Condensate Exposure according to ASTM G154, for 300 hours total. The repeating cycle shall be four hours UV exposure at 140 degrees F (60 degrees C) followed by four hours condensate exposure at 104 degrees F (40 degrees C). After 300 hours of exposure, the Yellowness Index for white paint shall not exceed 12, and yellow paint shall closely match Federal Standard 595b, Color No. 33538.
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T
(6) Static Heat Stability:
To determine static heat stability for the paint, place one pint of paint in a sealed can and heat in an air circulation oven at 120 ± 1 degrees F (49 degrees C) for a period of one week. Remove the paint from the oven and check the viscosity in Krebs Units at 77± 1 degrees F (25 degrees C) according to ASTM D 562. The viscosity measured shall be in the range from 68 to 90 Krebs Units, inclusive. Also, check for any signs of instability.
(7) Heat-Shear Stability:
To determine heat-shear stability for the paint, one pint of the paint is sheared in a Waring Blender at high speed to 150 degrees F (66 degrees C). The blender should have a tight fitting lid taped onto it to minimize volatile loss. When the paint reaches 150 degrees F (66 degrees C), stop the blender, immediately pour the paint into a sample can, and apply a cover to seal the can. Let the paint cool overnight and examine for jelling or other signs of instability. Measure viscosity in Krebs Units at 77 ± 1 degrees F (25 degrees C), according to ASTM D 562. The viscosity measured shall be in the range from 68 to 95 Krebs Units, inclusive. If not within the upper limit, run total solids on the sheared paint and adjust solids, if necessary, by adding water to reach the original solids content. If the solids content required adjustment, again check the viscosity of the paint. The viscosity shall be in the range from 68 to 95 Krebs Units, inclusive.
(8) Scrub Resistance:
Scrub Resistance will be determined according to ASTM D 2486. Use an appropriate doctor blade to provide a dry film thickness of 3 to 4 mils. Allow the paint to cure for 24 hours. Perform the scrub resistance test at 77 ± 1 degrees F (25 degrees C) and 50 ± 5 percent humidity. Record the number of cycles to remove the paint film. The number of cycles recorded shall be at least 800.
(9) Spraying Properties:
The paint shall be applied, in the field, at a 15 mils wet film thickness for Type I paint and 25 mils wet film thickness for Type II. Both Type I and Type II paint shall show the following properties at ambient temperatures of 50 to 100 degrees F (10 to 38 degrees C) with paint spray temperature of 150 degrees F, (66 degrees C) maximum.
For Type I paint, 6 to 10 pounds of Type 1 beads shall be post-applied per gallon of paint. For Type II paint, 10 to 12 pounds of Type 3 beads shall be post-applied per gallon of paint. Beads shall conform to subsection 708-2.02 of these specifications.
(a) For rapid-dry paint applied in a mobile operation and not protected by temporary traffic control, dry to a no-track condition in 60 seconds or less when the line is crossed over in a passing maneuver with a standard- sized automobile.
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(b) For fast-dry paint applied within an established work zone behind temporary traffic control, dry to a no-track condition in five minutes or less when the line is crossed over in a passing maneuver with a standard- sized automobile.
(c) Produce a clean-cut, smooth line with no overspray or puddling.
(d) Paint immediately after application shall accept glass beads so that the spheres shall be embedded into the paint film to a depth of 50 percent of their diameter.
(e) Paint when heated to the temperature necessary to obtain the specified dry time, shall show no evidence of instability such as viscosity increase, jelling, or poor spray application.
(10) Freeze-Thaw Properties:
The paint viscosity or consistency shall not change significantly when the paint is tested for resistance to five cycles of freeze-thaw according to ASTM D 2243.
(11) Road Service Rating:
Test stripes of the paint shall be applied transversely across the road, 4 inches in width and approximately 12 feet long at a location approved by the Engineer.
Wet film thickness of the test stripes shall be approximately 15 mils for Type I and 25 mils for Type II paint as determined according to ASTM D 4414 and ASTM D 713 prior to test stripe application. To aid in obtaining the correct film thickness, a length of roofing paper placed by the side of the road can be used. Place a rigid metal test panel on the roofing paper in the path of a test line. Immediately after the test line is applied by the striper, measure the wet film thickness. If not satisfactory, adjust the spray pressure and repeat until the target wet film thickness is attained. It is important that no glass beads be present that would give a false wet film thickness. When the wet film thickness is correct, apply a test line across a tared metal test panel. After this, apply another test line across a different tared metal test panel, this time also adding the beads. These samples are necessary to determine the initial bead retention.
Glass beads conforming to the requirements of Subsection 708-2.02 of these specifications (moisture proof type) shall be applied after the paint has been applied, but during the same striping operation at a rate such that the initial bead retention on the test line is at least 6 pounds of beads per gallon of wet paint for Type I paint and at least 10 pounds of beads per gallon of wet paint Type II. The initial bead retention will be determined analytically by the ADOT Construction and Materials Group concurrently with the determination of the dry paint thickness utilizing tared metal test panels. The paint shall accept the glass beads so that the spheres are embedded into the paint film to a depth of 50 percent of their diameter. Test
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T stripes will be observed for a period of 180 days from date of application. Paints will be evaluated for wear according to ASTM D913.
After 180 days of service, on a visual rating scale of 0 to 100 percent, paints shall have a rating of 90 percent or better to be acceptable. All ratings will be taken in the wheel track area. Glass beads shall show no more than a 30 percent loss after 180 days of test. This will be determined by taking close-up, before and after photographs of the paint film and by count determining the average bead loss.
The road service test may be waived at the option of the Engineer or evaluated for a period of time less than 180 days.
(12) Workmanship:
Paint shall be free from foreign materials, such as dirt, sand, fibers from bags, or other material capable of clogging screens, valves, pumps, and other equipment used in a paint striping apparatus.
The paint pigment shall be well ground and properly dispersed in the vehicle. The pigment shall not cake or thicken in the container, and shall not become granular or curdled. Any settlement of pigment in the paint shall result in a thoroughly wetted, soft mass permitting the complete and easy vertical penetration of a paddle. Settled pigment shall be easily redispersed, with minimum resistance to the sidewise manual motion of a paddle across the bottom of the container, to form a smooth uniform product of the proper consistency. If the paint cannot be easily redispersed, due to excessive pigment settlement as described above or due to any other cause, the paint shall be considered unfit for use.
The paint shall retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The contractor shall be responsible for all costs and transportation charges incurred in replacing paint that is unfit for use. The properties of any replacement paint, as specified herein, shall remain satisfactory for eight months from the date of delivery and acceptance.
(F) Manufacturing Requirements:
(1) Inspection:
The manufacturer of the paint shall furnish the Engineer free access to all parts of the plant involved in the paint manufacture, and shall furnish every reasonable facility for sampling both the paint and the raw materials during the process of manufacturing.
All materials used in formulation shall meet the requirements herein specified. Any materials not specifically covered shall meet the approval of the Engineer.
All manufactured paint shall be prepared at the factory ready for application.
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T
When paint is shipped to a distributor or paint applicator who will store the paint prior to its use, the distributor or paint applicator shall furnish the Engineer free access to all parts of the facility where paint is stored and shall furnish every reasonable facility for sampling the paint.
Paint may also be sampled at the place of storage either at a warehouse or on the site prior to application of the paint. Application of the paint will not be permitted until the paint has been approved by the Engineer. It is the contractor’s responsibility to notify the Engineer at least 14 working days prior to any traffic painting operation and to allow access at that time for paint sampling at the storage location.
At least one paint sample shall be obtained from each lot of paint.
Check-samples of finished paint while being applied will be taken at intervals as determined by the Engineer.
(2) Precertification of Pavement Marking Paint:
All tests will be conducted as specified herein.
(a) General:
As described in Subsection 708-2.01(A), the contractor shall provide to the Engineer a Certificate of Compliance from the manufacturer and test results from the Central Laboratory for samples from each batch of material obtained for precertification at the production line of the manufacturer. If the material fails the precertification testing by Central Laboratory, the manufacturer shall not supply any pavement marking paint represented by the failing test results to ADOT projects. If the material fails the precertification testing by the Central Laboratory, the manufacturer shall not supply any pavement marking paint represented by the failing test results to ADOT projects.
(b) Precertification Sampling:
Sampling of pavement marking paint for precertification shall be for an active ADOT project. The manufacturer shall provide a 1 pint or 1 quart sample in a metal can of pavement marking paint from each batch of production that will be shipped to an ADOT project. The manufacturer shall ship the composite sample to the Central Laboratory at 1221 N. 21st Avenue Phoenix, AZ 85009, along with a Certificate of Analysis, for precertification testing. The manufacturer shall identify the pavement marking paint with the batch number, the batch quantity, the batch date, the manufacturer’s name, and the product name. Such identification shall be shown on the side of the container.
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(c) Central Laboratory Precertification Testing Responsibilities
The Central Laboratory is responsible for coordinating precertification for each batch of pavement marking paint that is to be precertified.
For precertification purposes, pavement marking paint at a minimum will be tested for color, total non-volatile percentage, pigment, non-volatile vehicle, weight per gallon, viscosity, dry time, and dry opacity in accordance with the procedures described in 708-2.01(D) and (E).
Upon completion of testing, the Central Laboratory will provide the manufacturer with a copy of the test results for each batch tested. Typically, testing will be completed within five working days of receipt of the paint sample. If the material fails the precertification testing, the manufacturer shall not supply any pavement marking paint represented by the failing test results to ADOT projects.
Evidence of adulteration or improper formulation shall be cause for rejection.
(d) Packaging:
All shipping containers for paint shall comply with the Department of Transportation Code of Federal Regulations, Hazardous Materials and Regulation Board, Reference 49 CFR. The container and lids shall be lined with a suitable coating so as to prevent attack by the paint or by agents in the air space above the paint. The lining shall not come off the container or lid as skins. Containers shall be colored white, including lids, and containers shall have an identifying band of the appropriate color around and within the top one third of the container.
All containers shall be properly sealed with suitable gaskets, shall show no evidence of leakage, and shall remain in satisfactory condition for a period of 12 months after delivery to a distributor or paint applicator. The contractor shall be responsible for all costs and transportation charges incurred in replacing paint and containers.
(e) Labeling:
All containers of paint shall be labeled showing the manufacturer's name, date of manufacture, paint color, product code, manufacturer's batch number, and quantity or weight of paint on both the s ide of the container and also the lid. Containers shall be clearly labeled Rapid Dry or Fast Dry lead-free Waterborne Type I or Type II Traffic Paints.
All containers of paint shall be labeled to indicate that the contents fully comply with all rules and regulations concerning air pollution control in the State of Arizona, Maricopa County.
The manufacturer of the paint shall be responsible for proper shipping labels with reference to whether the contents are toxic, corrosive, flammable, etc., as outlined in the U. S. Department of Transportation, Hazardous Materials Regulations; Reference 49 CFR.
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T
(f) Unused Paint:
Disposal of unused quantities of traffic paint shall be the responsibility of the contractor and shall meet all applicable Federal regulations for waste disposal. Paint which is saved to be used later shall be packaged as specified and shipped to a storage location. Unused paint shall be identified on the container. Unused paint may be utilized on a future project provided the paint still conforms to all specifications contained herein.
708-2.02 Reflective Glass Beads (Spheres):
(A) General:
The term "glass bead" shall be synonymous with the term "glass sphere" as used herein.
The beads shall be manufactured from glass of a composition designated to be highly resistant to traffic wear and to the effects of weathering.
The glass beads shall be moisture-proof; contain less than 0.25 percent moisture by weight; and be free of trash, dirt, or other deleterious materials.
Beads shall be essentially free of sharp angular particles showing milkiness or surface scoring or scratching. Beads shall be water white in color.
Certificates of Compliance conforming to the requirements of Subsection 106.05 shall be submitted.
(B) Physical Requirements:
(1) Gradation:
The gradation for the drop-on beads shall conform to AASHTO M 247 Type 1 and Type 3.
(2) Roundness:
Glass beads shall conform to AASHTO M 247, Type 1 and Type 3. Beads retained on any screen specified in the gradation requirements shall contain at least 80 percent true spheres.
(3) Index of Refraction:
Glass beads shall conform to AASHTO M 247, Type 1 and Type 3.
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Contracts & Specifications Special Provisions FJ / WSP 260 AP 394 H8269 01C February 2020 260-C(204)T
(4) Specific Gravity:
The specific gravity of the beads shall be in the range 2.40 to 2.60 when tested in accordance with the following procedures:
Place 100 grams in an oven at 230 degrees F (110 degrees C) for one hour.
Remove beads and place in a desiccator until the sample is cool.
Remove approximately 60 grams of beads from the desiccator and weigh the sample accurately.
Pour the beads slowly into a clean 100-milliliter graduated cylinder containing 50 milliliters of isopropyl alcohol. Make certain that air is not entrapped among the beads.
The total volume reading on the graduated cylinder, minus 50, will give the volume of the beads. Calculate the specific gravity as follows: